Ashok Sao @ Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19570 of 2026 Arising Out of PS. Case No.-329 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== 1.
Ashok Sao @ Ashok Kumar S/O Ramjee Sao R/O Village-Buchchi, P.sNardiganj,Dist- Nawada 2.
Deepak Kumar @ Deepu S/O Surendra Saw @ Surendra Prasad R/O Village-Buchchi, P.S.-Nardiganj,Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha.1, APP For the Informant :
Mr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-04-2026 Heard Mr. Vijay Kumar, learned counsel for the petitioners, Ms. Pushpa Sinha 1, learned Additional Public Prosecutor for the State and learned counsel for the informant.
2. Petitioners seeks bail where petitioner no. 1 is in custody since 03.11.2025 and petitioner no. 2 is in custody since 06.12.2025 in connection with Nardiganj P.S. Case No. 329 of 2025, F.I.R. dated 06.09.2025 for the offences punishable under Sections 126(2), 127(2), 109, 351(2), 352, 118(2), 74, 191(1), 192(2), 190, 191(3) of the BNS, 2023.
3. According to prosecution case, these petitioners along with other accused persons have brutally assaulted the son of the informant due to which he has received grievous injuries.
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4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. The allegation as alleged in the F.I.R is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R. From perusal of the F.I.R it appears that although the petitioners are named in the FIR but there is no specific allegation of assault or overt act attributed against them rather there is general and omnibus allegation against all the accused persons including these petitioners. He further submits that the police after investigation submitted the charge sheet against the petitioners. He further submits that similarly situated, co-accused, namely, Vicky Kumar has been granted bail by this Court vide order dated 12.01.2026 passed in Cr. Misc. No. 88879 of 2025. The petitioner no. 1 is in custody since 03.11.2025 and petitioner no. 2 is in custody since 06.12.2025.
5. Learned counsel for the informant as well as Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioners and submits that due to present occurrence the son of the informant has received grievous injuries and apart from that the petitioner no. 1 carries three criminal antecedents and petitioner no. 2 carries two criminal
3/4 antecedents other than the present one but fairly submits that they are on bail in all the pending matters.
6. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Nawada in connection with Nardiganj P.S. Case No. 329 of 2025, subject to the following conditions:- i. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the
4/4 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) Vanisha/- U T