Patna High Court
Ashik Bhatt @ Ashik Maharaj @ Ashik Bhat @ Ritu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, given the petitioner’s clean antecedent and the simple nature of the alleged injury, bail should be granted subject to strict conditions.
Summary
The petitioner, Ashik Bhatt, was arrested on 23 November 2025 in connection with a robbery and assault case (PS Bokhra Case No. 196 of 2025) alleging offences under Sections 109, 118(i), 303(2), 115(2) and 3(5) of the BNS. The prosecution alleged that the accused gang snatched a gold chain, assaulted the informant's son, and attempted to murder him, while the petitioner claims he is innocent and that the FIR is fabricated. The petitioner’s counsel highlighted his clean antecedent and argued that the medical report shows only simple injuries, inconsistent with the alleged knife attack. The Additional Public Prosecutor opposed bail, emphasizing the seriousness of the charges. The court, after considering the petitioner’s clean record and the nature of the injury, granted bail on a Rs.10,000 bond with two sureties and imposed conditions for cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS.
- Whether the petitioner’s clean antecedent and the simple nature of the alleged injury justify bail.
- Whether the conditions imposed by the court are sufficient to ensure the petitioner’s cooperation and prevent tampering with evidence.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 118(i), 303(2), 3(5)
Subjects
- bail
- criminal procedure
- offences under BNS
- simple injury
- clean antecedent
- conditions of bail
- robbery
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9603 of 2026
Arising Out of PS. Case No.-196 Year-2025 Thana- BOKHRA District- Sitamarhi
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Ashik Bhatt @ Ashik Maharaj @ Ashik Bhat @ Ritu Ram Son of Bajrangi
Maharaj @ Ranjit Kumar Maharaj R/o Village - Budhnagra, P.S. - Bokhra,
Distt. - Sitamarhi.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Rashmi Sharma, Advocate
For the Opposite Party/s : Ms. Gauri Shankar Gupta, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.11.2025 in connection with Bokhra P.S. Case No. 196 of
2025 for the offences punishable under Sections 109, 118(i),
303(2), 115(2) and 3(5) of BNS.
3. The prosecution story, in brief, is that on 22.11.25 at
about 3:00 P.M, the informant's son was going near the house of
Bhola Thakur. From there, the informant sent him with a sum of
Rs. 5,000/- for purchasing diesel. While the informant's son was
carrying the the said amount, he was stopped near purana
chimini by the following persons- (1) Ashik Bhatt, Son of
Bajrangi Maharaj (2) Bajranji Maharaj, Son of Ganesh Maharaj
Patna High Court CR. MISC. No.9603 of 2026(3) dt.01-04-2026
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(3) Krishna Rajak, Son of Suresh Rajak (4) Golu Maharaj @
son of Gagendra Maharaj (5) Sonu Maharaj, Son of Gagendra,
Maharaj (6) Ajay Maharaj Son of Vidya Maharaj, (7)Rajeev
Rajak. It is further alleged that all above named persons together
surrounded the informant's son,, forcibly caught hold of him,
and snatched a gold Hanuman chain from his neck worth
approximately Rs. 65,000/- cash. When The informant's son
protested, they caught hold of his hands and legs and assaulted
him. Thereafter Ashik Maharaj bit his face, and with a sharp
knife slashed his throat and threw him into ditch, believing him
to be dead. Thereafter all of them fled from the spot. some
women present there informed me that the informant's son has
been attacked and thrown away, when we reached the place of
occurrence, we found my son lying unconscious. We
immediately took him to Bokhra Hospital, from where he was
further referred to Sitamarhi Hospital.
It is further alleged that After treatment when the informant's
son regained consciousness, he narrated the entire incident to
me .The above-named accused persons are habitual criminals
involved in robbery , looting, and attempts to commit murder.
While the informant was taking his son to the hospital, at about
7:14 P.M, Bajarang Maharaj called me on my mobile no.
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7485065094 from mobile no. 8969695894 and threatened me,
saying that your son was lucky to survive; if you lodged any
case in the police station, your entire family will be killed.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Learned counsel for the petitioner further
submits that from perusal of the FIR it appears that FIR is in
two parts, in the first part there is general and omnibus
allegation against the petitioner and in the second part there is
direct and specific allegation against the petitioner that he has
assaulted the son of the informant by means of knife but injury
report of son of the informant suggests that injury is simple in
nature made by hard and blunt substance which suggests that the
allegation as alleged in the FIR is not supported by the medical
evidence and police after investigation has submitted charge-
sheet and petitioner is in custody since 23.11.2025.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner.
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6. Considering the aforesaid facts and circumstances
and that petitioner has clean antecedent and the fact that the
injury sustained by the informant is simple in nature, let the
petitioner, above named, 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 the learned Sub-
Divisional Judicial Magistrate-(P), Sitamarhi in connection with
Bokhra P.S. Case No. 196 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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