Patna High Court
Ashok Sao @ Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
Ashok Sao and Deepak Kumar were arrested in connection with FIR No. 329 of 2025 for alleged assault causing grievous injuries to the informant's son, invoking multiple sections of the BNS, 2023. The petitioners claimed innocence, arguing that the FIR contains only a generic allegation against all accused and that they have been falsely implicated. The prosecution highlighted the seriousness of the injuries, the petitioners' prior criminal antecedents, and opposed bail. The court noted that a co‑accused, Vicky Kumar, had previously been granted bail in a similar case. Considering the circumstances, the court granted bail to both petitioners on a bond of Rs. 10,000 with two sureties each, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioners despite the seriousness of the alleged offences and their prior criminal antecedents
- Whether the FIR provides specific allegations against the petitioners sufficient to deny bail
- Whether the conditions imposed by the court are appropriate for ensuring trial attendance and preventing tampering
Legislation cited
- BNS, 2023 — s. 109, 118(2), 126(2), 127(2), 190, 191(1), 191(3), 192(2), 351(2), 352, 74
Subjects
- bail
- criminal antecedent
- grievous injury
- assault
- conditions of bail
- FIR
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19570 of 2026
Arising Out of PS. Case No.-329 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
1. Ashok Sao @ Ashok Kumar S/O Ramjee Sao R/O Village-Buchchi, P.s-
Nardiganj,Dist- Nawada
2. Deepak Kumar @ Deepu S/O Surendra Saw @ Surendra Prasad R/O
Village-Buchchi, P.S.-Nardiganj,Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
For the Informant : Mr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 03-04-2026 Heard Mr. Vijay Kumar, learned counsel for the
petitioners, Ms. Pushpa Sinha 1, learned Additional Public
Prosecutor for the State and learned counsel for the informant.
2. Petitioners seeks bail where petitioner no. 1 is in
custody since 03.11.2025 and petitioner no. 2 is in custody since
06.12.2025 in connection with Nardiganj P.S. Case No. 329 of
2025, F.I.R. dated 06.09.2025 for the offences punishable under
Sections 126(2), 127(2), 109, 351(2), 352, 118(2), 74, 191(1),
192(2), 190, 191(3) of the BNS, 2023.
3. According to prosecution case, these petitioners
along with other accused persons have brutally assaulted the son
of the informant due to which he has received grievous injuries.
Patna High Court CR. MISC. No.19570 of 2026(2) dt.03-04-2026
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4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. The allegation as alleged in the F.I.R is false
and fabricated and the petitioners have not committed any
offence as alleged in the F.I.R. From perusal of the F.I.R it
appears that although the petitioners are named in the FIR but
there is no specific allegation of assault or overt act attributed
against them rather there is general and omnibus allegation
against all the accused persons including these petitioners. He
further submits that the police after investigation submitted the
charge sheet against the petitioners. He further submits that
similarly situated, co-accused, namely, Vicky Kumar has been
granted bail by this Court vide order dated 12.01.2026 passed in
Cr. Misc. No. 88879 of 2025. The petitioner no. 1 is in custody
since 03.11.2025 and petitioner no. 2 is in custody since
06.12.2025.
5. Learned counsel for the informant as well as
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioners and submits that due to present
occurrence the son of the informant has received grievous
injuries and apart from that the petitioner no. 1 carries three
criminal antecedents and petitioner no. 2 carries two criminal
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antecedents other than the present one but fairly submits that
they are on bail in all the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate 1st Class, Nawada in connection with
Nardiganj P.S. Case No. 329 of 2025, subject to the following
conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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