Patna High Court
Ashish Kumar @ Ashik Singh @ Ashik KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied as the petitioner was found to be the principal assailant.
Summary
Ashish Kumar was arrested in connection with a case involving assault and grievous injury to an informant's brother, alleged to have occurred when he and co‑accused impersonated forest officials and demanded a bribe. The petitioner claimed innocence, highlighted an 18‑day delay in filing the FIR, and noted that he is not a forest department employee, seeking anticipatory bail. The prosecution argued that the petitioner was the principal assailant who struck the victim with the butt of a gun and crushed him with a tractor, causing serious head injuries. The court examined the seriousness of the offences under Sections 115(2), 118(1), 109(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita and the role of the petitioner as the main perpetrator. Concluding that the petitioner was the main assailant, the court declined to grant anticipatory bail, rejecting the bail petition.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the alleged offences
- Whether the delay in lodging the FIR and lack of injury report affect the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 3(5), 352
Subjects
- anticipatory bail
- assault
- grievous injury
- forest department impersonation
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78352 of 2025
Arising Out of PS. Case No.-181 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
Ashish Kumar @ Ashik Singh @ Ashik Kumar Son of Kari Paswan R/o -
Majahar Patti, Ward No.03, P.S - Udakishunganj, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr Sanjay Kumar Singh, Advocate
For the Informant : Mr. Tushar Anand, Advocate
For the State : Mr. Sunil Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 04-05-2026 Heard learned counsel for the parties concerned.
2. The petitioner apprehends his arrest in connection
with Bihariganj Police Station Case No. 181 of 2025, dated
26.04.2025, registered for the offence punishable under Sections
115(2), 118(1), 109(1), 352 and 3(5) of Bharatiya Nyaya
Sanhita.
3. The prosecution case, as per the First Information
Report, is that on 08.04.2025 at about 06:00 p.m., informant
along with his brother was proceeding towards the Mill with
timber loaded on a tractor and when he was on the way,
petitioner along with co-accused Manoj Kumar, Navin Kumar
and 3–4 unknown persons intercepted them, impersonated forest
officials, and demanded Rs. 25,000/- as bribe for allowing them
Patna High Court CR. MISC. No.78352 of 2025(4) dt.04-05-2026
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to proceed further. Upon protest, co-accused Navin Kumar
ordered that the tractor would be parked in the office of Forest
Department. Thereafter, all the accused persons started abusing
and assaulting. Petitioner assaulted the informant with the butt
of a gun but anyhow the informant jumped from the tractor.
Petitioner crushed the informant’s brother by tractor and left
him thinking dead and started fleeing away taking tractor after
seeing the villagers. With the help of timber owner, the
informant’s brother was taken for medical treatment to Sub-
Divisional Hospital, Haraili, Udakishunganj and thereafter
referred to J.N.K.T.. Hospital, Madhepura and P.M.C.H., Patna
for treatment and then admitted in a private hospital R.K.Y. Life
Care Hospital, Patna where his treatment is going on.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. There is an unexplained delay of 18 days in lodging the
FIR. The injury report of the injured has not been brought on
record and the petitioner is not a forest department employee.
Learned counsel for the petitioner further submits that similarly
situated co-accused persons, namely, Navin Kumar and Manoj
Kumar have already been granted anticipatory bail which is
annexed as Annexure-P/2 series.
Patna High Court CR. MISC. No.78352 of 2025(4) dt.04-05-2026
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5. Learned counsel for the informant as well as the
learned Additional Public Prosecutor for the State vehemently
opposed the prayer for bail and submits that the petitioner is the
main assailant who assaulted the informant’s brother with the
butt of a gun and crushed him with the tractor due to which he
sustained grievous head injury.
6. Regards being had to the submissions made on
behalf of the parties and taking into consideration the fact that
petitioner is the main assailant who assaulted the informant’s
brother with the butt of a gun and crushed him with the tractor
due to which he sustained grievous head injury, I am not
inclined to grant the petitioner privilege of anticipatory bail.
7. Accordingly, the prayer for bail is rejected.
(Anil Kumar Sinha, J)
Siwani/-
U T
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