Patna High Court
Ashish Yadav @ Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions under Section 438(2) of the Code of Criminal Procedure.
Summary
The petitioner, Ashish Yadav, sought bail in connection with FIR No. 237 of 2025 alleging offences under various sections of the BNS, 2023, including assault and theft of a gold chain. The prosecution alleged that the petitioner participated in the assault on the informant's son and the snatching of the chain, while the petitioner claimed he was falsely implicated and that the FIR contained only a generic allegation against him. The State opposed bail, citing two prior criminal antecedents, although the petitioner was already on bail in those matters. The court examined the allegations, the lack of specific charges against the petitioner, and his pending bail status in other cases. Applying Section 438(2) of the Code of Criminal Procedure, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence, and ordered verification of his criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) CrPC despite the allegations of assault and theft.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- BNS, 2023 — s. 109, 109(1), 115(2), 118(1), 126(2), 303(2), 329(3), 3(5), 76
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- Section 438 CrPC
- criminal antecedent
- FIR
- assault
- theft
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21195 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- BAUNSI District- Banka
======================================================
Ashish Yadav @ Ashish Kumar Son of Doro Yadav Resident of village -
Kushmaha, P.S.- Bounsi, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
For the Informant : Mr. Shashi Bhushan Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr. Brij Nandan Prasad, learned counsel for
the petitioner, Mr. Shashi Bhushan Singh, learned counsel for
the informant and Mr. Shailendra Kumar, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bounsi P.S. Case No. 237 of 2025, F.I.R. dated
08.08.2025 for the offences punishable under Sections 126(2),
115(2), 329(3), 76, 109(1), 303(2), 118(1), 109, 303(2) and 3(5)
of the BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner have assaulted to the son of the
informant and also snatched his gold chain.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.21195 of 2026(2) dt.17-04-2026
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petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. He further submits that the petitioner is
named in the FIR but there is no specific allegation of assault or
overt act attributed against the petitioner rather there is general
and omnibus allegation against him.
5. The learned counsel for the informant as well as
learned Additional Public Prosecutor have vehemently opposed
the prayer for bail of the petitioner on the ground that petitioner
carries two criminal antecedents other than the present one but
fairly submits that he is on bail in both the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M, Banka in connection with Bounsi P.S. Case No. 237 of
2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure and with other
following conditions:-
Patna High Court CR. MISC. No.21195 of 2026(2) dt.17-04-2026
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i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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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