Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
Ashish Kumar was arrested in connection with a murder alleged to have been committed by firing at the informant’s son, under Sections 103(1) and 61(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner claimed innocence, arguing that he was falsely implicated due to village politics, that there were no eye‑witnesses, and that a police‑recorded confession had no evidentiary value. The State opposed bail, emphasizing the seriousness of the offence and a direct allegation that the petitioner fired the fatal shot. The High Court, considering the gravity of the charge, the direct allegation and the petitioner’s prior criminal antecedent, refused bail and ordered the trial court to expedite the trial. The court, however, permitted the petitioner to file a fresh bail application before the trial court if the trial was not concluded within six months.
Issues considered
- Whether bail should be granted in a murder case involving alleged use of a firearm under the Bhartiya Nyaya Sanhita and the Arms Act.
- Whether the absence of eye‑witnesses and the alleged lack of evidentiary value of a police‑recorded confession affect the bail decision.
- Whether the petitioner’s prior criminal antecedent justifies denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 61(2)
Subjects
- bail
- murder
- Arms Act
- serious offence
- pre‑trial detention
- political victimisation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71900 of 2025
Arising Out of PS. Case No.-386 Year-2024 Thana- BAUNSI District- Banka
======================================================
Ashish Kumar S/O Bijay Singh Resident of Village- Sirayn, P.S- Bounsi,
Distt.- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr.Uday Chand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Bounsi
P.S. Case No. 386 of 2024 instituted for the offences under
Sections 103(1), 61(2) of the Bhartiya Nyaya Sanhita, 2023 and
Section 27 of the Arms Act.
3. As per prosecution case, the accusation against the
accused persons, including the petitioner, is of committing
murder of the Informant’s son by firing.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged
against him and has falsely been implicated in the present case
due to local village politics. There is no eye-witness to the
alleged occurrence. There is no specific or direct allegation
Patna High Court CR. MISC. No.71900 of 2025(3) dt.28-01-2026
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against the petitioner. Learned counsel for the petitioner further
submits that the Ashish Kumar @ Raja (Petitioner) has
confessed his guilt before the Police, which has no evidentiary
value. The petitioner has one criminal antecedent and is
languishing in judicial custody since 28.12.2024 without any
rhymes or reason. Charge-sheet has been submitted in this case
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner,
stating that the offence alleged is serious in nature. The
Investigating Officer, after completion of investigation, has
submitted charge-sheet against the petitioner and others under
Sections 103(1), 61(2) of the Bhartiya Nyaya Sanhita, 2023 and
Section 25(1-b)a/26/27/35 of the Arms Act. There is direct
allegation against the petitioner that he has fired on the son of
the informant.
6. Considering the aforesaid facts and circumstances
of the case, nature and gravity of offence and there is direct
allegation against the petitioner, this Court is not inclined to
grant bail to the petitioner at this stage.
7. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
8. Learned Trial Court is directed to expedite the trial.
Patna High Court CR. MISC. No.71900 of 2025(3) dt.28-01-2026
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9. However, liberty is granted to the petitioner to
renew the prayer for grant of bail before the Trial Court if the
trial is not concluded within a period of six months from today.
If any such application is filed before the learned court below,
the court concerned shall consider the same on its own merit
without being prejudiced by this order.
(Rudra Prakash Mishra, J)
manish/-
U T
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