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Patna High Court

Ashwini Vatsya @ Ashwani VatsversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, subject to bond and surety conditions, and retained the power of the trial court to cancel the bail if cooperation with the investigation is not forthcoming.

Summary

The petitioners, Ashwini Vatsya and Awanish Vats, sought anticipatory bail fearing arrest in a case registered under Sections 103, 61, 3(5) of the B.N.S., 2023 and Sections 25(1‑b)a, 26 and 27 of the Arms Act. The informant alleged that his son Rahul was shot by Prem Shankar Jha and that the petitioners, being Prem's sons, were present at the scene, but the FIR did not disclose who informed the informant of their presence nor directly implicate the petitioners. The petitioners argued they have clean antecedents, are students, and that the allegations are rooted in a family dispute over a love marriage, making the FIR insufficient to justify their arrest. The State opposed the bail, but could not rebut the claim that the FIR lacks specific accusation against the petitioners. The High Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties each and a condition that the trial court may cancel the bail if the petitioners fail to cooperate with the investigation.

Issues considered

  • Whether the FIR discloses sufficient grounds to justify the arrest of the petitioners.
  • Whether anticipatory bail can be granted under Section 482(2) of the B.N.S.S. in the present circumstances.
  • Whether the petitioners' claim of false implication and clean antecedent warrants bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • FIR
  • Arms Act
  • Section 482
  • bail conditions
  • criminal procedure
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87421 of 2025
                        Arising Out of PS. Case No.-133 Year-2025 Thana- Benta District- Darbhanga
                 ======================================================
           1.     Ashwini Vatsya @ Ashwani Vats Son of Prem Shankar Jha Resident of
                  Village - Banagaon, P.S. - Banagaon, District - Saharsa.
           2.    Awanish Vats @ Avnish Vatsya Son of Prem Shankar Jha Resident of Village
                 - Banagaon, P.S. - Banagaon, District - Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Jagdhar Prasad, APP
                 For the Informant        :        Ms. Kriti Suman Tiwary, Advocate
                                                   Ms. Preety Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   24-04-2026                  1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 103, 61,

                   3(5) of the B.N.S., 2023 and Sections 25(1-b)a, 26 and 27 of the

                   Arms Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent the informant

                   alleges that he received an information on 05.08.2025 at 5.30

                   P.M. that his son Rahul was shot at DMCH gate, further his son

                   was shot by Prem Shankar Jha, father of Tanu Priya, accordingly
Patna High Court CR. MISC. No.87421 of 2025(4) dt.24-04-2026
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          he came to the place of occurrence and came to know that Prem

          Shankar Jha along with his sons i.e. petitioners and wife Gunjan

          Kumari had come, next alleges that his son about two months

          back had performed love marriage with Tanu Priya, daughter of

          Prem Shankar Jha, as they were studying in first year of nursing

          at B.Sc. Nursing College, next alleges that Prem Shankar Jha

          had threatened earlier to kill and had also filed a case at

          Banagaon P.S. and statement of Tanu Priya was recorded in the

          Court, thereafter Tanu Priya came at informant’s place.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          informant is not an eyewitness to the occurrence. It is next

          submitted that the allegations are in two parts, in the first part,

          the informant alleges that on 05.08.2025 at 5.30 P.M. he

          received an information that his son was killed by Prem Shankar

          Jha, thereafter he came to the place of occurrence and there he

          came to know that Prem Shankar Jha was accompanied by

          petitioners and his wife, but then it is submitted that the FIR

          does not even remotely disclose that who informed the

          informant about the presence of the petitioners at the place of
Patna High Court CR. MISC. No.87421 of 2025(4) dt.24-04-2026
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          occurrence. It is next submitted that son of the informant had

          married the daughter of Prem Shankar Jha and the marriage was

          being opposed by Prem Shankar Jha as such he had instituted a

          criminal case, but then his daughter did not support the case

          instituted by her father and being a major came to the house of

          the informant, as such tension was brewing in between the

          family on account of marriage in between son of the informant

          and daughter of Prem Shankar Jha, as such the entire family

          members of Prem Shankar Jha came to be implicated in the

          instant case. It is also submitted that the informant does not

          allege that petitioners fired causing death of his son. It is next

          submitted that petitioners are students and are pursuing law and

          if they are sent to judicial custody in the nature of allegations as

          alleged, their entire career would get jeopardized and chances

          are bright that they may come in contact with hardened

          criminals. It is also submitted that if privilege of anticipatory

          bail is granted to the petitioners, petitioners will not abscond

          rather will cooperate in the investigation to prove their

          innocence that they were not present at the place of occurrence

          when the occurrence is alleged to have taken place. It is also

          submitted that bail application of Prem Shankar Jha already

          stands rejected.
Patna High Court CR. MISC. No.87421 of 2025(4) dt.24-04-2026
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                       5. Learned A.P.P. for the State and the learned counsel

          appearing on behalf of the informant opposes the prayer for

          anticipatory bail of the petitioners, but then are not in a position

          to rebut the submissions of the learned counsel appearing on

          behalf of the petitioners that the FIR does not even remotely

          disclose that as to who disclosed to the informant about the

          presence of the petitioners at the time of occurrence when the

          occurrence took place nor the informant alleges that he received

          information that his son was shot by the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioner above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of the learned

          trial court where the case is pending/successor court in

          connection with Benta P.S. Case No.133/2025, corresponding to

          G.R. No.3387/2025, subject to the conditions as laid down

          under Section 482(2) B.N.S.S.

                       7. However, it is made clear that in the event if the

          Investigating Officer of the case files an application before the

          learned trial court bringing to its notice that the petitioners
            Patna High Court CR. MISC. No.87421 of 2025(4) dt.24-04-2026
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                      despite giving assurance to this court are not co-operating in the

                      investigation, in that event the learned Trial Court shall be at

                      liberty to cancel the bail bonds of the petitioners.

                                   8. Let a copy of this order be sent to the concerned

                      police station through the learned Trial Court.

                                   9. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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