Patna High Court
Ashok SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Ashok Singh petitioned the Patna High Court for bail after an FIR was lodged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita alleging that he ordered an assault on the informant’s father, who later died of septicemia and shock. The petitioner claimed he was falsely implicated due to a land dispute, that he merely gave orders and was not present at the assault, and highlighted his clean criminal record. The State opposed the bail, arguing the seriousness of the charges. The court examined the post‑mortem report, the lack of direct evidence linking the petitioner to the assault, and the fact that a co‑accused had already been granted anticipatory bail. Considering the petitioner’s clean antecedent and the absence of any allegation of personal involvement in the assault, the court exercised its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to grant bail. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties within six weeks of arrest or surrender.
Issues considered
- Whether bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s alleged role as an ‘order‑giver’ and his clean antecedent justify bail despite the serious nature of the alleged offence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- bail
- anticipatory bail
- criminal procedure
- Section 103
- Section 3
- Section 482
- clean antecedent
- land dispute
- assault
- homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41415 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Ashok Singh Son of Late Rajeshwar Singh Resident of Village- Newaji Tola
Chowk, P.S.- Chapra Muffasil, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 103(1) and 3(5) of the Bharatiya
Nyaya Sanhita.
3. As per the F.I.R., allegation against the
petitioner is that he ordered the accused persons to assault the
informant’s father and during the assault, father of the informant
sustained injury and he died during the course of treatment.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to land dispute between
the parties. Further submission is that petitioner is own uncle of
Patna High Court CR. MISC. No.41415 of 2026(2) dt.01-07-2026
2/3
the informant and brother of the deceased. Petitioner is only a
order giver and the allegation of assault is against other accused
persons. From perusal of the postmortem report, it appears that
there is only one abrasion injury found on the right knee of the
deceased and the doctor has opined cause of death as septicemia
and shock. He next submits that there is no allegation against
the petitioner with respect to assault on the father of the
informant. Co-accused Gayatri Devi has been granted
anticipatory bail by the learned Trial Court in A.B.P. No. 1244
of 2026. Petitioner has got no criminal antecedent and he
undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties and
clean antecedent of the petitioner, let the above named petitioner
be released on bail, in the event of arrest or surrender before the
learned court below within a period of six weeks from today, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Saran at Chapra in connection
with Chapra Mufassil P.S. Case No. 47 of 2026, subject to the
Patna High Court CR. MISC. No.41415 of 2026(2) dt.01-07-2026
3/3
conditions as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.