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Patna High Court

Ashok Kumar @ Ashok MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to conditions.

Summary

The petitioner, Ashok Kumar (aka Ashok Mahto), was arrested on 21‑04‑2026 in connection with a dowry‑related assault case (Hisua P.S. Case No. 519 of 2025) involving alleged threats, confinement, and the pouring of diesel on the victim. He faced charges under Sections 85, 115(2), 109(1), 3(5) of the Bihar Narcotic Substances Act and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner contended that he has a clean antecedent, was falsely implicated, and that the FIR is fabricated; he also pointed out that co‑accused had been granted bail. The prosecution opposed bail. Considering the petitioner’s clean record, the absence of a specific assault allegation against him, and the precedent of bail to co‑accused, the court ordered his release on bail with a bond of Rs.10,000 and several conditions, including cooperation with the trial and no tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under the Bihar Narcotic Substances Act and the Dowry Prohibition Act.
  • Whether the petitioner’s clean antecedent and lack of a specific assault allegation justify bail.

Legislation cited

Subjects

  • bail
  • dowry prohibition
  • Bihar Narcotic Substances Act
  • criminal procedure
  • false implication
  • clean antecedent
  • diesel attack

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40890 of 2026
                       Arising Out of PS. Case No.-519 Year-2025 Thana- HISUWA District- Nawada
                 ======================================================
                 Ashok Kumar @ Ashok Mahto S/o Late Maheshwar Mahto Resident of
                 Village- Sonsa, P.S.- Hisua, District- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amit Ranjan
                 For the Opposite Party/s :        Mr. Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

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

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   21.04.2026 in connection with Hisua P.S. Case No. 519 of 2025

                   for the offences punishable under Sections 85, 115(2), 109(1),

                   3(5) of B.N.S. and Sections 3 and 4 of the Dowry Prohibition

                   Act.

                               3. According to prosecution case the marriage of the

                   informant       was        solemnized    with     Chhotelal       Mahto,       on

                   10.05.2025. It is alleged that all the accused persons used to

                   threaten the informant and also used filthy language against her.

                   It has further been alleged that, although dowry was given by

                   the father of the informant, but the husband of the informant

                   used to ask her to bring Rs. 13,00,000/- from her father and on
Patna High Court CR. MISC. No.40890 of 2026(2) dt.30-06-2026
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          the date of occurrence, i.e., 01.09.2025, he assaulted her and

          confined her to a room and all the accused persons poured diesel

          on her body and tried to kill her. On Hulla, people from her

          vicinity came and pacified the matter.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean anteceden and he has falsely been

          implicated in the present case. It is further submitted that the

          allegation as alleged in the FIR is forged and fabricated and the

          petitioner has not committed any offence as alleged in the FIR.

          It is next submitted that petitioner is brother-in-law of the

          informant and for the same set of allegation co-accused persons,

          namely, Shiv Shankar Mahto, who is also happened to be the

          brother-in-law of the informant, has been granted regular bail by

          a Coordinate Bench of this Court vide order dated 25.06.2026

          passed in Cr. Misc. No. 40987 of 2026 and other co-accused

          persons, namely, Sushma Devi and others have been granted

          anticipatory bail by a Coordinate Bench of this Court vide order

          dated 29.04.2026 passed in Cr. Misc. No. 16163 of 2026 and

          petitioner is in custody since 21.04.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.40890 of 2026(2) dt.30-06-2026
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          and the fact that petitioner has clean antecedent and there is no

          specific allegation of assault against the petitioner, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned C.J.M,

          Nawada in connection with Hisua P.S. Case No. 519 of 2025,

          subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the

          acceptance of bail bonds in terms of the above-mentioned order

          shall not be delayed for purpose of or in the name of
           Patna High Court CR. MISC. No.40890 of 2026(2) dt.30-06-2026
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                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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