Ashish Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59066 of 2025 Arising Out of PS. Case No.-321 Year-2025 Thana- RAJIVNAGAR District- Patna ====================================================== Ashish Sinha S/O Late Hareshwar Prasad Resident of Mohalla- Nepali Nagar Road No. -3, Near Temple, P.S.- Rajiv Nagar District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Singh, Adv For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Rajeev Nagar P.S. Case No. 321 of 2025 dated 24.05.2025 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 303(2), 118(1), 117(2) and 109(1) of the B.N.S., 2023.

3. As per the prosecution case, on 22.05.2025 the informant was called by the co-accused Rahul Kumar at 'Virkunwar Singh Chowk' at 5.30 P.M., where Rahul Kumar, Ashish Sinha (petitioner), Amit Kumar, Ajay Ansh, Rohit and 15-20 unknown persons were present. It is further alleged that the co-accused Rahul Kumar having knife in his hand started abusing and assaulting the informant and the other co- accused

Patna High Court CR. MISC. No.59066 of 2025(3) dt.14-11-2025 2/3 persons also assaulted the informant. It is further alleged that the petitioner having rod in his hand and the other co-accused persons having hunter in their hand also assaulted the informant. The co-accused Rahul snatched gold chain and Ashish Sinha (petitioner) took Rs. 5,000/- from the pocket of the informant in course of scuffle. The accused persons brutally assaulted on both eyes and on the body of the informant, due to which, he fell down on the ground.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is no specific allegation against the petitioner rather the specific allegation has been levelled against the co-accused Rahul Kumar. There is general and omnibus allegation against the petitioner. It is further submitted that the alleged occurrence took place on 22.05.2025 whereas the F.I.R. has been lodged on 24.05.2025 and for the delay in lodging the F.I.R., no explanation has been given by the prosecution. The petitioner is a member of the mob. The petitioner has no concern with the alleged offence. Similarly situated co-accused person has already been granted bail by this Court vide order dated 14.08.2025 passed in Cr. Misc. No. 55060 of 2025. The petitioner has clean antecedent as stated in

Patna High Court CR. MISC. No.59066 of 2025(3) dt.14-11-2025 3/3 paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 24.06.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II Patna/concerned Court below, in connection with Rajeev Nagar P.S. Case No. 321 of 2025.

7. Accordingly, the application stands allowed. (Chandra Prakash Singh, J) Jyoti/- U T