Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner, finding no specific overt act attributable to him and deeming the bail conditions sufficient.
Summary
The petitioner, Ashish Kumar, was arrested in connection with a money dispute that led to a mob assault in which the informant's son was shot and later died. He was charged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The petitioner argued that the FIR specifically implicated only two co‑accused for the shooting and that no overt act was attributed to him, merely alleging his presence in the mob. The informant opposed bail, but the court considered the nature of the accusation, the lack of specific evidence against the petitioner, and the length of his custody. The court ordered his release on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, directing compliance with the local ACJM.
Issues considered
- Whether the petitioner, who is alleged only to be a member of the mob and not directly involved in the shooting, is entitled to bail under the charges of Sections 103(1), 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- murder
- arms act
- mob participation
- money dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79297 of 2025
Arising Out of PS. Case No.-214 Year-2025 Thana- NAUGACHIA District- Bhagalpur
======================================================
Ashish Kumar S/o Krishn Dev Ray Resident of village - Pakra, P.S -
Naugachia, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mrs.Anita Kumari, APP
Mr. Rajesh Kumar, Adv.for Informant
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for
offence under Sections 103(1) / 3(5) of the B.N.S., 2023 and
Section 27 of the Arms Act.
3. On account of money dispute, 11 accused persons
including this petitioner dragged son of informant and
thereafter, co-accused Kundan Kumar and Basuki Kumar shot
him. During course of treatment, son of informant died.
4. Learned counsel for the petitioner submits that
from bare perusal of F.I.R., it is manifest that specific accusation
of shooting is against co-accused Kundan Kumar and Basuki
Kumar. So far as this petitioner is concerned, no specific overt
act has been assigned to him and is only alleged to be member
of the mob. Similarly situated co-accused Sachin Kumar has
Patna High Court CR. MISC. No.79297 of 2025(3) dt.09-01-2026
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been granted bail by this Court, vide order dated 26.11.2025
passed in Cr.Misc. No. 80433 of 2025. Petitioner is in custody
since 07.07.2025.
5. Learned counsel for the informant vehemently
opposes the prayer for bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. 1st, Naugachia, District - Bhagalpur in connection with
Naugachia P.S. Case No. 214 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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