Patna High Court
Ashwani Kumar Singh @ Ashawani Kr. SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to strict conditions, under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
Ashwani Kumar Singh applied for anticipatory bail in connection with PS Fulwariya Case No.135 of 2025, wherein he is accused of assaulting the informant's brother and son with a sword, under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that the allegations are false, the injuries were caused by a blunt object, and the case was filed out of personal enmity, noting that he had earlier lodged a complaint against the informant's son. The State opposed the bail, arguing the seriousness of the offences. The High Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and multiple conditions including personal appearance, cooperation with investigation, and regular reporting to the Superintendent of Police. The order was made under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted despite the serious nature of the offences alleged against the petitioner.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the conditions prescribed under Section 438 CrPC and Section 482 B.N.S.S. are sufficient to justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false allegations
- assault with sword
- Bharatiya Nyaya Sanhita
- CrPC Section 438
- B.N.S.S. Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6451 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- PHULWARIYA District- Gopalganj
======================================================
Ashwani Kumar Singh @ Ashawani Kr. Singh Son of Late Anil Singh @ Anil
Kumar Singh Resident of village - Rampur Kala, P.S.- Phulwariya, District -
Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Adv.
Mr. Manish Kumar, Adv.
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Fulwariya P.S. Case No. 135 of 2025 registered
for the offence(s) under Section(s) 126(2), 115(2), 118(1), 109,
352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
(B.N.S.).
3. The allegation against the petitioner is that he along
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with other named accused persons had assaulted the brother and
son of the informant with farsa and sword.
4. The learned counsel for the petitioner submits that
the present case has been lodged with false and concocted story
and the very fact that the petitioner is alleged to have assaulted
with sword gets falsified from the perusal of the nature of injury,
which has been caused by hard and blunt substance and the
same was found to be simple in nature. It has been submitted
that due personal differences, the present false and vexatious
case with concocted story has been lodged against the petitioner
and others. It has further been submitted that the petitioner had
in fact lodged a complaint case against the son of the informant
and others for an offence that took place on 09.07.2025. It has
lastly been submitted that though the petitioner has four
criminal cases against his name, but most of them are instituted
for the offences under the Bihar Prohibition and Excise Act.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
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the event of his arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his furnishing bail bond in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court/successor Court where the
case is pending in connection with Fulwariya P.S. Case No. 135
of 2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 read with
corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
(v) In view of the antecedent of the petitioner, the
petitioner is directed to appear before the Superintendent
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of Police, Gopalganj within fifteen (15) days of his release
with a copy of this order and every two weeks thereafter
for the next nine months. The conduct of the petitioner
will be kept under watch in this period by the concerned
Superintendent of Police and if it is found wanting in any
respect, a report shall be made to the Court concerned by
him to initiate a proceeding for cancellation of bail of the
petitioner for reasons of misuse of bail. After reporting to
the Superintendent of Police, a certificate will be filed by
the petitioner before the Court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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