Created by Fuzzy Cloud

Patna High Court

Ashish Kumar @ ShaktimanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to regular bail as no specific allegation is made against them and the custody period is not excessive.

Summary

Ashish Kumar and Sonelal Sharma were arrested in connection with a case alleging that they, along with others, assaulted an informant's father with a bamboo stick, resulting in his death. The prosecution’s case attributes the specific assault to co‑accused Abhishek Jaiswal, while the petitioners face only a general, omnibus allegation. The petitioners, in custody since 30‑08‑2025, sought regular bail, arguing the lack of specific charges against them. The State opposed the bail application. The Patna High Court, noting the nature of the allegation, the absence of specific inculpatory material against the petitioners, and the precedent of bail granted to a similarly situated co‑accused, allowed the bail application, directing release on a bond of Rs 10,000 with two sureties each.

Issues considered

  • Whether the petitioners are entitled to regular bail despite only a general allegation against them
  • Whether the period of custody justifies denial of bail

Legislation cited

Subjects

  • regular bail
  • general allegation
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • assault
  • homicide
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3090 of 2026
                    Arising Out of PS. Case No.-279 Year-2025 Thana- DHAKA District- East Champaran
                 ======================================================
           1.     Ashish Kumar @ Shaktiman S/o Birendra Kumar Jaiswal R/o vill -
                  Fulwariya, P.S.- Dhaka, Distt.- East Champaran
           2.    Sonelal Sharma @ Marhwa @ Madhva S/o Late Mahendra Thakur @
                 Mahendra Sharma R/o vill - Fulwariya, P.S.- Dhaka, Distt.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ritwik Thakur, Ms. Vaishnavi Singh, Adv
                 For the Opposite Party/s :       Ms. Pushpa Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners seek regular bail in connection with

                   Dhaka P. S. Case No. 279 of 2025 in a case registered for the

                   offences punishable under Sections 191(2), 191(3), 190, 109,

                   103(1), 61(2) of the Bharatiya Nyaya Sanhita.

                                3. As per prosecution story, the informant alleged that

                   on 04.06.2025 all the F.I.R. named accused, including these

                   petitioners, came to the house of informant, abused and

                   assaulted his father with Bamboo stick and Laathi, as a result of

                   which he died during course of treatment.

                                4. Learned counsel for the petitioners submits that
              Patna High Court CR. MISC. No.3090 of 2026(2) dt.13-02-2026
                                                          2/2




                        specific allegation of assault is against co-accused Abhishek @

                        Abhishek Jaiswal, who is alleged to have assaulted the father of

                        the informant with Bamboo stick and Lathi. It is further

                        submitted that there is general and omnibus allegation against

                        these petitioners and no specific allegation has been attributed

                        against them. Similarly situated co-accused, namely, Golu

                        Kumar has already been granted regular bail by this Court vide

                        order dated 14.11.2025 passed in Cr. Misc. No. 74048 of 2025.

                        Petitioners are in custody since 30.08.2025.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of allegation and period of

                        custody, the bail application is allowed. Let the above named

                        petitioners be released on bail on furnishing bail-bond of Rs.

                        10,000/- (ten thousand) each with two sureties of the like

                        amount each to the satisfaction of Sub-Divisional Judicial

                        Magistrate, Sikrahna, Dhaka, East Champaran in connection

                        with Dhaka P. S. Case No. 279 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.