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Patna High Court

Ashish Raj @ Sudhir GopeversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail cannot be granted and dismissed the application.

Summary

Ashish Raj @ Sudhir Gope was charged with murder under Sections 103(1), 61(2) and 3(5) of the B.N.S. and several provisions of the Arms Act. The prosecution alleges that he planned the killing, hired the gunman Munna and supplied the weapon. The petitioner sought bail for the second time, arguing that only four of seven witnesses had been examined. The court noted the seriousness of the offence, the petitioner’s alleged mastermind role, and relied on the Supreme Court’s decision in X vs. State of Rajasthan (2024) to uphold its earlier order. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail can be granted in a murder case where the accused is alleged to have planned and hired the killer
  • Whether the partial examination of witnesses (four out of seven) warrants bail
  • Whether the Supreme Court precedent X vs. State of Rajasthan applies to deny bail in this case
  • Whether the earlier denial of bail can be revisited on a second application

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • arms act
  • criminal procedure
  • pre‑trial detention
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35849 of 2026
                       Arising Out of PS. Case No.-142 Year-2024 Thana- BEN P.S. District- Nalanda
                 ======================================================
                 Ashish Raj @ Sudhir Gope S/O Arvind Gope Resident of Village-Chhoti Ant,
                 P.S-Ben, Dist-Nalanda, PIN- 803114.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Brajesh Prasad Gupta, Adv.
                 For the Opposite Party/s :        Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-06-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Ben P.S. Case No. 142 of 2024 registered for

                   the offence under Sections 103(1), 61(2) & 3(5) of B.N.S. read

                   with Sections 27, 25(1-b)a, 26 & 35 of the Arms Act.

                                3. Earlier, the bail application of the petitioner was

                   rejected on 06.08.2025 in Cr. Misc. No. 26373 of 2025 which

                   reads as follows:-

                                                                    “Heard learned counsel for
                                                             the petitioner, learned counsel for
                                                             the informant and learned APP for
                                                             the State.
                                                                    2. The petitioner seeks bail
                                                             in connection with Ben P.S. Case
                                                             No. 142 of 2024 registered for the
                                                             offence under Sections 103(1),
Patna High Court CR. MISC. No.35849 of 2026(2) dt.30-06-2026
                                            2/3




                                                   61(2), 3(5) of the BNS and under
                                                   Section 27 of the Arms Act.
                                                           3. As per the prosecution
                                                   case, the petitioner is accused in
                                                   the murder of the deceased. The
                                                   deceased was shot by one Munna
                                                   and after the killing, the petitioner
                                                   came on Motorcycle and took
                                                   away the accused Munna.
                                                           4. During investigation, it
                                                   has come that it is the petitioner
                                                   who had planned the murder and
                                                   he had hired Munna and gave him
                                                   the murder weapon and cartridge.
                                                           5. The petitioner is in jail
                                                   since 29.11.2024.
                                                           6. Learned senior counsel
                                                   for the petitioner submits that the
                                                   petitioner is innocent and he has
                                                   not committed any offence.
                                                           7. Learned counsel for the
                                                   State and learned counsel for the
                                                   informant has opposed the
                                                   application of the petitioner and
                                                   has submitted that it is the
                                                   petitioner who has planned the
                                                   murder which has also come in the
                                                   self-inculpatory statement of co-
                                                   accused Munna.
                                                           8.     Considering         the
                                                   aforesaid facts, this Court is not
                                                   inclined to grant bail to the
                                                   petitioner.
                                                           9.     Accordingly,       this
                                                   application is dismissed.”
                       4. Learned counsel for the petitioner submits that in

          the trial, four out of seven witnesses have been examined,

          therefore, the petitioner may be granted bail.

                       5. Considering the gravity of the offence and the
            Patna High Court CR. MISC. No.35849 of 2026(2) dt.30-06-2026
                                                        3/3




                      judgment of the Hon’ble Supreme Court in the case of X vs.

                      State of Rajasthan & Anr., 2024 SCC OnLine SC 3539, I am

                      not inclined to review my earlier order.

                                   6. Accordingly, this application is dismissed.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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