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Patna High Court

Ashok RamversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Ashok Ram, sought anticipatory bail fearing arrest in a 2016 FIR that alleged his participation in a large-scale assault and looting alongside two named accused and 350‑400 unknown persons. The FIR listed numerous IPC offences, but the petitioner’s name was not originally mentioned; it was later added based on a chowkidar’s statement. The petitioner argued that he was not named in the FIR, no stolen items were found in his possession, and the other accused had already been granted regular bail. The State opposed the bail, highlighting the FIR’s age and the petitioner’s seven prior criminal convictions. The court, considering the seriousness of the offences, the petitioner’s criminal antecedents, and the lapse of time since the FIR, declined to grant anticipatory bail, rejecting the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the FIR dated 2016 and his criminal antecedents

Legislation cited

  • Indian Penal Code — s. 143, 144, 145, 147, 148, 149, 151, 152, 153(A), 160, 295, 295(A), 297, 298, 323, 341, 342, 395, 504

Subjects

  • anticipatory bail
  • criminal antecedents
  • FIR
  • Indian Penal Code
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25541 of 2026
                   Arising Out of PS. Case No.-81 Year-2016 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Ashok Ram, S/o Jay Mangal Ram, Resident of Village- Kothiya, P.S.-
                 Gadhahiya (Madhuban), District- East Champaran, Motihari

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhandev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   30-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Rajepur P.S. Case No. 81 of 2016 in a case

                   registered for the offence punishable under Sections 143, 144,

                   145, 147, 148, 149, 151, 152, 153(A), 160, 295, 295(A), 297,

                   298, 395, 341, 342, 323 and 504 of the IPC.

                                3. As per prosecution case, allegation against two

                   named accused persons and 350-400 unknown persons

                   including the petitioner of assaulting and looting the articles

                   from the shop of informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is not named in the first information report and the

                   same was lodged against two named persons and 250-400
            Patna High Court CR. MISC. No.25541 of 2026(2) dt.30-04-2026
                                                        2/2




                      unknown persons. The name of the petitioner is said to have

                      transpired during course of investigation on the basis of

                      statement made by local chowkidar. It is further submitted that

                      no looted articles have been recovered from personal or

                      conscious possession of the petitioner and the named accused

                      persons have already been granted regular bail.

                                   5. Learned APP for the State has opposed the

                      application for anticipatory bail on the ground that the FIR is of

                      the year 2016 and the petitioner carries 7 criminal antecedents.

                                   6.    Taking      into     consideration   the   facts   and

                      circumstances and also considering the fact that the petitioner

                      has 7 criminal antecedents and the case is of the year 2016, I am

                      not inclined to grant anticipatory bail to the petitioner.

                                   7. Accordingly, this bail application is rejected.



                                                (Soni Shrivastava, J)
khushbu/-

U      T


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