Patna High Court
Ashutosh Kumar @ Ashutosh SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Ashutosh Kumar, was arrested in connection with a case of attempted murder (IPC Sections 307/34) and illegal possession of arms (Arms Act Section 27). The FIR initially named unknown assailants, but a delayed statement by the informant's husband identified the petitioner. The petitioner, in judicial custody since 15 January 2026, sought bail, arguing the identification was belated and no weapon was recovered. The State opposed bail, citing two prior criminal cases. After hearing both sides, the Patna High Court considered the seriousness of the offences, the delay in identification, and the petitioner’s antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under Sections 307/34 IPC and Section 27 Arms Act despite the seriousness of the charges and prior criminal antecedents.
- Whether the delayed recording of the identification statement by the informant's husband affects the petitioner’s right to bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34
Subjects
- bail
- attempt to murder
- Arms Act
- criminal antecedent
- judicial custody
- Indian Penal Code
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23013 of 2026
Arising Out of PS. Case No.-12 Year-2024 Thana- KALYANPUR District- Samastipur
======================================================
Ashutosh Kumar @ Ashutosh Singh S/O Braj Kishore Mahto @ Birju Mahto
@ Birju Singh Resident of Village - Kalyanpur, Ward No.2, Police Station
-Kalyanpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kalyanpur P.S. Case No.12 of 2024 registered for the
offence punishable under Sections 307/34 of the Indian Penal
Code and under Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
husband of the informant was returning after supplying milk at
milk center by his bike. In the meanwhile, three persons on a
bike who were having mask on their face arrived there and
started firing. The brother-in-law of the informant attempted to
apprehend the accused persons but they fired at him also.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.23013 of 2026(2) dt.08-04-2026
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petitioner has submitted that from perusal of the FIR it is clear
that the FIR was lodged against unknown miscreants. During
course of investigation on 20.03.2024 after delay of two months
and ten days, police has recorded fardbeyan of Raj Kumar, the
husband of the informant, wherein he has identified the
petitioner as one of the assailants. Learned counsel for the
petitioner has further submitted that the statement of the
informant’s husband was recorded at belated stage and prior to
him nobody has named the petitioner. Learned counsel for the
petitioner has further submitted that from perusal of the order of
the learned trial court it is clear that both the injured persons of
this case have received grievous injuries. It has further been
submitted that nothing has been recovered from the possession
of the petitioner. Learned counsel for the petitioner has further
submitted that the petitioner is in judicial custody since
15.01.2026.
5. The application for bail is opposed by learned APP
for the State. Learned APP has further stated that the petitioner
is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.23013 of 2026(2) dt.08-04-2026
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petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Chief Judicial Magistrate, Samastipur in connection with
Kalyanpur P.S. Case No.12 of 2024.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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