Patna High Court
Ashok Kumar @ Ashok MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 109(1), 115(2), 3(5), 85
- Dowry Prohibition Act — s. 3, 4
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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