Patna High Court
Ashutosh Kumar @ Ashutosh KunwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release upon furnishing the prescribed bail bond and sureties.
Summary
Ashutosh Kumar petitioned for regular bail in a case registered under multiple sections of the Bihar Penal Code (BNS) for allegedly surrounding an informant's daughter, attempting to take her to a jungle, disrobing her, and being associated with an assault by a co-accused. The prosecution contended that Kumar participated in the abduction and disrobing, while the defense argued that the FIR only implicates four persons in taking the girl to the jungle and that the specific allegation against Kumar is limited to disrobing, asserting his innocence. The petitioner had been in judicial custody since 10 December 2025, whereas a co-accused, Avinash Kunwar, had already been granted bail. The State opposed the bail application, citing the seriousness of the offences. After considering the facts, the court found the petitioner's case to be on a better footing and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under sections 126(2), 127(2), 115(2), 118(1), 109, 76, 303(2), 351(2) and 3(5) of the BNS.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115(2), 118(1), 126(2), 127(2), 303(2), 3(5), 351(2), 76
Subjects
- regular bail
- bail bond
- sureties
- criminal procedure
- offences against women
- kidnapping
- assault
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9034 of 2026
Arising Out of PS. Case No.-250 Year-2025 Thana- JALALPUR District- Saran
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Ashutosh Kumar @ Ashutosh Kunwar Son of Late Arun Kumar @ Arun
Kunwar R/o - Village - Kishunpur, P.S.- Jalalpur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Parashar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126 (2), 127
(2), 115 (2), 118 (1), 109, 76, 303 (2), 351 (2) and 3 (5) of the
BNS.
3. The case of the prosecution is that the petitioner,
Ashutosh Kumar along with three others surrounded the daughter
of the informant and started taking her towards the ‘jungle’. When
the daughter of the informant objected, it is alleged that this
petitioner started disrobing her and when she raised alarm, co-
accused Avinash Kunwar assaulted her with a ‘farsa’.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that a bare
perusal of the First Information Report, would show that the
Patna High Court CR. MISC. No.9034 of 2026(2) dt.06-02-2026
2/2
genesis of the occurrence is that four persons, two of whom are
own brothers had surrounded the girl and were allegedly taking
her towards a ‘jungle’. It is also submitted that the specific
allegation against the petitioner is that he disrobed the victim of
this case. It has further been submitted that Avinash Kunwar on
whom there was allegation of assault has been granted bail by the
Court vide Cr. Misc. No.88815 of 2025. The case of this petitioner
stands on better footing. Moreover, the petitioner is languishing in
judicial custody since 10.12.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Jalalpur P.S. Case No. 250 of 2025 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Saran at Chapra.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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