Patna High Court

Ashok RamversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was denied to the petitioner.

Summary

Ashok Ram, the petitioner, was implicated in a criminal case (Kesariya P.S. Case No. 248 of 2025) for alleged extortion and assault, facing charges under Sections 189(2), 126(2), 115(2), 109, 308(2), 352, 351(2) and 190 of the Bharatiya Nyaya Sanhita, 2023. He applied for anticipatory bail, fearing arrest. The High Court examined the seriousness and nature of the offences and concluded that the privilege of anticipatory bail could not be granted. Consequently, the application for anticipatory bail was rejected. The court directed the petitioner to surrender within four weeks to seek regular bail, warning that failure to do so would result in his arrest. The order was limited to the present application and does not prejudice any later stage of the proceedings.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 189(2), 190, 308(2), 351(2), 352

Subjects

anticipatory bail
extortion
assault
Bharatiya Nyaya Sanhita
criminal procedure
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74264 of 2025
                   Arising Out of PS. Case No.-248 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Ashok Ram Son of Bachha ram @ Bachcha Ram Resident of Village -
                 Rajpur, P.S. - Kesariya, Dist. - East Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar
                 For the Opposite Party/s :       Mr .Md. Shakir Ahmad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   13-03-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Kesariya P.S. Case No. 248 of 2025 registered for offences

                   under Sections 189(2), 126(2), 115(2), 109, 308(2), 352, 351(2),

                   190 of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the accused persons

                   allegedly demanded extortion and assaulted the victim, and the

                   petitioner is one of the accused.

                                4. Considering the nature and seriousness of the

                   allegations levelled against the petitioner, this Court is not

                   inclined to grant the privilege of anticipatory bail to the

                   petitioner in the present case.

                                5. Accordingly, the application for anticipatory bail is
            Patna High Court CR. MISC. No.74264 of 2025(4) dt.13-03-2026
                                                        2/2




                      hereby rejected.

                                    6. The petitioner is directed to surrender in the court

                      below within a period of four weeks from today and seek

                      regular bail, failing which the Superintendent of Police, East

                      Champaran, Motihari will take all steps for the arrest of the

                      petitioner.

                                    7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.

                                    8. Let a copy of this order be communicated to the

                      Superintendent of Police, East Champaran, Motihari through

                      FAX for its compliance forthwith.



                                                 (Sandeep Kumar, J)
Shishir/-

U

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