Patna High Court
Ashok RamversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
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/-
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