Patna High Court
Ashish Kumar @ ShaktimanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 190, 191(2), 191(3), 61(2)
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
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