Patna High Court
Ashish Kumar @ Ashish RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with conditions.
Summary
The petitioner, Ashish Kumar, was arrested on 24‑12‑2025 in connection with a murder case (PS‑Case No. 347 of 2025) alleged under Sections 126(2), 127(2), 103, 61(2), 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The FIR attributes the fatal shooting to co‑accused Ranjit Kumar Chaudhary and Manjit Kumar, while stating that the petitioner and another co‑accused fired but missed. The petitioner’s counsel argued that he has a clean antecedent, the FIR’s allegations against him are false, and a similarly situated co‑accused had been granted bail by a coordinate bench. The State opposed bail. The High Court, noting the petitioner’s clean record, the lack of direct evidence of his involvement, and the precedent of bail to a co‑accused, granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS Act, 2023 and the Arms Act.
- Whether the petitioner’s alleged involvement, as per the FIR, warrants continued detention.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103, 126(2), 127(2), 3(5), 61(2)
Subjects
- bail
- murder
- Arms Act
- Bihar Narcotic Substances Act
- criminal antecedent
- co‑accused
- FIR
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22859 of 2026
Arising Out of PS. Case No.-347 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Ashish Kumar @ Ashish Ranjan S/O Tuntun Singh @ Rakesh Kumar Singh
@ Rakesh Singh R/O Village - Raghunathpur,P.S- Tajpur(O.P Halai), Dist-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
: Mr.Shivam, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioner and Mr.Binod Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
24.12.2025 in connection with Jandaha (Mahisaur) P.S. Case
No. 347 of 2025, F.I.R. dated 16.08.2025 registered for the
offence punishable under Sections 126(2),127(2),103,61(2), 3(5)
of BNS, 2023 and Section 27 of the Arms Act.
3. Specific allegation against co-accused person,
namely, Ranjit Kumar Chaudhary @ Golu Kumar is that he shot
the son of the informant in the head and Manjit Kumar shot him
in the chest. Further allegation against the petitioner and co-
accused person, namely, Sonu Kumar is that they also fired but
missed their target and the son of the informant fell down and
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died on the spot.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Although the
petitioner is named in the FIR but from a bare perusal of the FIR
it appears that there is specific allegation of firing attributed
against co-accused persons, namely, Ranjit Kumar Chaudhary
@ Golu Kumar and Manjit Kumar. Thereafter the petitioner and
other co-accused person have also fired upon the victim but the
same is not hit on the person of the deceased. Learned counsel
for the petitioner submits that the allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR and petitioner has been made
accused in the present case due to some ulterior motive but from
a bare perusal of the FIR it appears that there is specific
allegation of firing attributed against co-accused persons,
namely, Ranjit Kumar Chaudhary @ Golu Kumar and Manjit
Kumar. Further submits that the similarly situated co-accused
person, namely, Ramanand Chaudhary @ Chunni Chaudhary
has been granted bail by a Coordinate Bench of this Hon’ble
Court vide order dated 15.01.2026 passed in Cr. Misc. No.663
of 2026 and the police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in custody
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since 24.12.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, other co-accused persons have fired upon the victim
and similarly situated co-accused person has been granted bail
by a Coordinate Bench of this Hon’ble Court, let the petitioner,
above named, 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 learned Additional Chief Judicial
Magistrate-VII, Vaishali at Hajipur in connection with Jandaha
(Mahisaur) P.S. Case No. 347 of 2025, with the following
conditions:-
(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/her absence on two consecutive dates without sufficient
reason, his/her 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
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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)
Nitesh/-
U T
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