Patna High Court
Ashish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to the petitioner.
Summary
Ashish Kumar Singh petitioned the Patna High Court for anticipatory bail in connection with a 2022 case alleging offences under IPC sections 341, 307 and 34, where he was accused of firing at a victim. The petitioner claimed he did not fire at the victim and that the actual assailant was Shubham Kumar Singh, asserting his innocence. The State opposed the bail, arguing that the petitioner acted with intent to kill and has prior criminal antecedents. The Court, considering the seriousness of the alleged offences and the alleged intent, declined to grant anticipatory bail. The petitioner was ordered to surrender within four weeks and to apply for regular bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged offences under Sections 341, 307 and 34 of the IPC.
- Whether the petitioner’s claim of innocence and lack of intent outweighs the State’s allegation of intent to kill and prior criminal antecedents.
Legislation cited
- Indian Penal Code — s. 307, 34, 341
Subjects
- anticipatory bail
- Indian Penal Code
- Section 341
- Section 307
- Section 34
- attempt to murder
- criminal antecedents
- bail jurisprudence
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3675 of 2026
Arising Out of PS. Case No.-148 Year-2022 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Ashish Kumar Singh Son of Ashok Singh @ Ashok Kumar Singh Resident of
Village- Kari Sath, P.S.- Udwant Nagar, District- Bhojpur (Arrah)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Verma, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in connection
with Udwant Nagar (Gajrajganj) P.S. Case No. 148 of 2022,
registered for the offence under Sections 341, 307, 34 of the
Indian Penal Code
3. The petitioner and other accused persons are
alleged to have fired upon the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence. He
further submits that the assailant of the victim is one Shubham
Kumar Singh and petitioner has not shot at the victim. From the
FIR it appears that the petitioner and one Shubham Kumar had
fired and the firing done by the petitioner did not hit the victim.
5. Learned A.P.P. has vehemently opposed the prayer
Patna High Court CR. MISC. No.3675 of 2026(3) dt.24-02-2026
2/2
for bail and submits that petitioner with intention to kill fired
and also carries two criminal antecedents.
6. Considering gravity of offence, this Court is not
inclined to grant privilege of anticipatory bail to the petitioner.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is hereby rejected.
8. The petitioner is directed to surrender within four
weeks from today and pray for regular bail.
(Sandeep Kumar, J)
Ranjeet/-
U T
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