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Patna High Court

Ashish Kumar @ Ashok KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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