Patna High Court
Ashiq Kumar @ Ghamandi Kumar @ Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court grants bail to the petitioner with specified conditions.
Summary
Ashiq Kumar, accused of murder, attempt to murder and conspiracy (IPC §§302, 201, 120B, 34), was in judicial custody after the FIR alleged he and others drowned a couple. His bail applications had been rejected twice earlier. He argued that similar co‑accused had been granted bail by coordinate benches and offered an undertaking to appear regularly and not tamper with evidence. The State opposed bail, emphasizing the gravity of the alleged offences. Considering the precedent of bail to co‑accused and the petitioner’s undertaking, the Court inclined to grant bail with strict conditions, including surety, regular court appearances, and non‑interference with witnesses. The order releases the petitioner on bail subject to those conditions.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting bail to an accused charged with murder, attempt to murder and conspiracy, given prior bail refusals and the seriousness of the offences?
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 34
Subjects
- bail
- murder
- IPC
- criminal procedure
- judicial custody
- conditions of bail
- trial attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78339 of 2025
Arising Out of PS. Case No.-64 Year-2024 Thana- KHUSRUPUR District- Patna
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Ashiq Kumar @ Ghamandi Kumar @ Pankaj Kumar Son of Budhan Mahto
R/O Hardash Bigha, Bind Toli, P.S.- Khushrupur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kritu Verma, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-02-2026 Heard Mr. Kritu Verma, learned counsel for the
petitioner and Mr. Jitendra Kumar Singh, learned APP.
2. The petitioner is in judicial custody in connection
with Khusrupur PS Case no. 64 of 2024 for the offences
punishable under Sections 302, 201, 120(B)/34 of the Indian Penal
Code lodged on 18.02.2024 by the informant, Arvind Kumar.
3. Earlier the bail of the petitioner was rejected twice in
Cr. Misc. No. 45196 of 2024 on 18.09.2024 and Cr. Misc. No.
79286 of 2024 and this is his third attempt.
4. As per the FIR, the police who is the Station House
Officer, Khusrupur, Patna alleged that in the night, he got
confidential information that the accused persons along with other
unknown have killed a lady (Bhukhiya Devi) and a man by
drowning them into the river. On such information, the police
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raided the place and picked up the petitioner, Ashiq Kumar @
Ghamandi Kumar @ Pankaj Kumar. Upon search from his pocket,
a mobile was found containing a video recording which clearly
shows that a female and a male were tied in rope, beaten. As the
said video was sent to one Nand Kumar’s mobile, he was also
picked up and then Nand Kumar gave the statement that the lady
was having illicit relationship with the unknown and when they
were found in objectionable position, on the alarm raised by Sobia
Devi, Munni Lal Mahto, Fula Devi, Jagdish Mahto, Raj Kumari
Devi, Samil Kumar, Mukesh Kumar, Horil Mahto, Raj Kumar,
Chandeshwar Mahto, Somar Mahto, wife of Mukesh Mahto,
Ashok Mahto, Pragya Mahto, Jaddu Mahto, Sikandar Mahto,
Ramtahal Mahto, Dilip Mahto along with 10-15 persons were
present who took unanimous decision to assault and later dragged
them to river Ganga and after taking them on a boat, they were
thrown to drown in the river. This led to the FIR.
5. In this case, the Trial Court report was called for
according to which, charges have been framed and one witness has
been examined till 28.11.2025.
6. Learned counsel for the petitioner submits that
allegation is there against 22 named persons including this
petitioner and Nand Kumar besides Ashok Mahto who have been
granted relief by Co-ordinate Benches in Cr. Misc. No. 46768 of
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2024 and 80696 of 2024 respectively. He further submits that if
granted relief, he shall be diligently appearing in trial and shall not
indulge in any criminal activity.
7. Learned APP opposes the prayer for bail submitting
that allegation against them is of taking the two young persons
(male and female) to the river and drowning them.
8. Though an unfortunate incident has happened and
two young persons have been drowned as per the allegation,
earlier, the bail applications of the petitioner were rejected twice
by this Court in Cr. Misc. No. 45196 of 2024 and Cr. Misc. No.
79286 of 2024. However, in view of the fact that Co-ordinate
Benches have allowed bail to the similar situate persons, an
undertaking has been given that he shall be diligently appearing in
trial and shall not indulge in any criminal activity, in that
background, this Court is inclined to extend him the privilege of
bail with conditions.
9. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of
like amount each to the satisfaction of learned Additional Sessions
Judge, 1st Patna City in connection with Khusrupur PS Case no.
64 of 2024 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
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document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month till the conclusion of the trial to mark
his attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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