Patna High Court
Ashish Kumar @ Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, dismissing the petitioner's application.
Summary
Ashish Kumar was arrested in connection with a case involving the disappearance of his four‑month‑old son and wife, alleged under IPC sections 363, 302, 201, 120(B) and 34. He claimed he was falsely implicated due to enmity and asserted no prior criminal record. The State argued that the victims had been staying with him and that police investigations pointed to his involvement, with the bodies still unrecovered. The trial is currently at the defence‑evidence stage. The petitioner’s second bail application was rejected, with the court affirming its earlier order and finding the seriousness of the allegations and the stage of proceedings unsuitable for bail.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of serious offences and the trial being at the defence‑evidence stage
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 34, 363
Subjects
- bail
- Indian Penal Code
- murder
- theft
- conspiracy
- criminal procedure
- high court
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66509 of 2025
Arising Out of PS. Case No.-611 Year-2022 Thana- SHEKHPURA District- Sheikhpura
======================================================
Ashish Kumar @ Ashok Kumar S/o Nawal Kumar Yadav R/o vill- Khiri
Pokhar, Girihinda, PS- Sheikhpura, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra, Advocate
For the State : Mr.Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Sheikhpura P.S.
Case No. 611 of 2022 registered for the offence punishable
under Sections 363/302/201/120(B)/34 of the Indian Penal
Code.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 08.11.2023 passed in Cr. Misc.
No. 59742 of 2023, which reads as under:
“Heard learned counsel for the
petitioner and learned Additional Public
Prosecutor for the State.
2. The petitioner is in custody since
06.11.2022 in connection with Sheikhpura P.S.
Case No. 611 of 2022 registered for the offence
punishable under Sections 363 /302 /201/
Patna High Court CR. MISC. No.66509 of 2025(3) dt.10-02-2026
2/2
120(B) /34 of the Indian Penal Code.
3. From the statement of the informant,
four months old son and the wife of the petitioner
went missing for which the petitioner informed
them on phone.
4. Learned counsel for the petitioner
submits that the petitioner has been falsely
implicated in this case due to enmity. He further
submits that the petitioner has cordial relation
with the victims. The petitioner has no criminal
antecedents.
5. Learned Additional Public
Prosecutor appearing on behalf of the State has
vehemently opposed the prayer for bail. He has
submitted that they were staying with the
petitioner only and the police has found the hand
of the petitioner in their disappearance and the
deadbody of the victims have not been recovered.
6. In view of the serious allegations
levelled against the petitioner, I am not inclined
to grant him bail.
7. Accordingly, this application for bail
is dismissed.”
4. In the trial, the case is at the stage of defence
evidence.
5. Considering the aforesaid, I am not inclined to
review my earlier order.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…