Ashok Bhagat @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4387 of 2025 Arising Out of PS. Case No.-334 Year-2025 Thana- PAROO District- Muzaffarpur ====================================================== Ashok Bhagat @ Ashok Kumar Son of Late Harihar Bhagat R/o Village - Koiriya, P.S. - Paru, Dist. - Muzaffarpur.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Dilip Kumar Son of Birendra Bhagat R/o Village - Koiriya Nizamat, P.S. - Paru, Dist. - Muzaffarpur(Bihar).

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. Public Prosecutor For the R.No. 2 :

Mr. Upendra Kumar Chaubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-04-2026 Heard learned counsel for the appellant, respondent no. 2 and learned Spl. Public Prosecutor for the State.

2. The present appeal has been filed for setting aside the order dated 17.09.2025 passed by learned Special Judge, SC/ST (POA) Act, Muzaffarpur in connection with Paru P.S. Case No. 334 of 2025 for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 103(1), 352, 351(2) & (3) of the Bharatiya Nyaya Sanhita, Section 27 of the Arms Act and Sections 3(1)(r)(s) of the SC/ST (POA) Act whereby and whereunder the prayer of the appellant for regular bail has been rejected.

3. As per F.I.R., this appellant fired bullet upon the

Patna High Court CR. APP (SJ) No.4387 of 2025(3) dt.23-04-2026 2/2 right hand of the informant.

4. Learned counsel for the appellant submits that though appellant is alleged to have fired bullet but there is no injury report on record to substantiate the allegation. Appellant is not alleged to be assailant of the deceased. Case and counter case. Appellant claims clean antecedent and is in custody since 24.06.2025.

5. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application.

6. Considering the nature of accusation and period of custody, this Court sets aside the impugned order and directs the release of above named appellant on bail on furnishing bailbond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (POA) Act, Muzaffarpur in connection with Paru P.S. Case No. 334 of 2025.

(Prabhat Kumar Singh, J) Navya/- U T