Ashok Yadav @ Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14268 of 2026 Arising Out of PS. Case No.-219 Year-2025 Thana- KARAHGAR District- Rohtas ====================================================== Ashok Yadav @ Ashok singh S/o Dashrath Yadav @ Bhuvar Yadav R/o Village - Pakhanari, P.S - Shivsagar, District - Rohtas ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-05-2026 Heard Mr. Babu Nandan Prasad, learned counsel for the petitioner and Mr. Kumar Veerendra Narayan learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 02.08.2025 in connection with Kargahar P.S. Case No. 219 of 2025 for the offences punishable under Sections 351(2), 109, 3(5) of BNS and Section 27 of the Arms Act.

3. The case of the prosecution, in brief, is that on 15.7.2025 at about 4 P.M. (day) informant's villagers namely Dheeraj Singh, Sugriv Singh, Sanjay Singh and Nitish Singh, all are sons of Ghurahu Singh alongwith the petitioner and four unknown persons having in their hand Gun, Garasa, Farsa, Lathi and danda came at house of the informant and they challenged to him, out of that co-accused Dheeraj Singh fired from pistol in

2/4 his hand and the petitioner also fired from Gun and co-accused Sugriv Singh having with Garasa and Nitsh Singh having with Bhala. But they managed to hide after saving their lives somehow. On the basis of self-written application of the informant the F.I.R. bearing Kargahar P.S. case no.219 of 2025 dated 15.7.2025 under sections 351(2), 109, 3(5) of B.N.S., 2023 and 27 Arms Act against co-accused persons including this petitioner was registered and the investigation was started by the police.

4. Learned counsel for the petitioner submits that petitioner 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. It is next submitted that although the petitioner is named in the FIR but there is no specific allegation of assault or overt act against the petitioner rather the allegation against the petitioner is that he has fired in the air but no one has received the injury. It is next submitted that even no injury report is available in the case diary which suggests that no one has received the injury in the present occurrence. It is next submitted that the police after investigation has submitted charge-sheet and petitioner is in custody since 02.08.2025.

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5. The learned Additional Public Prosecutor for State and has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner. Apart from that petitioner has antecedent of twenty-one cases other than the present case but fairly submits that out of twenty-one cases, petitioner is on bail in eighteen cases, three cases are pending for consideration before the court of competent law.

6. Considering the aforesaid facts and circumstances, 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 ACJM-IV, Sasaram, Rohtas in connection with Kargahar P.S. Case No. 219 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 cancelled 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.

4/4 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 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