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Patna High Court

Ashok Sao @ Ashok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.19570 of 2026(2) dt.03-04-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.19570 of 2026(2) dt.03-04-2026
                                                        4/4




                      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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