CR. MISC./53748/2026 of Ashok Rai @ Ashok Kumar Vs The State of Bihar on 20 August 2026

ORAL ORDER

20-08-2026

1. Heard learned counsel for the petitioners, the learned counsel appearing on behalf of the informant and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 351(2), 352 and 3(5) of the B.N.S.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and

the informant alleges that accused persons including the petitioners came on 13.03.2026 at 8.00 P.M. and started abusing. On objection, Sunil and Rakesh caught him and gave orders to kill, on which Ashok, Manoj and Arun assaulted by sharp edged weapon causing injury on head while Anil and Sanjay assaulted by rod causing injury on hand and also assaulted his brother causing injury on waist. Further, Ashok, Manoj along with Arun threatened with gun not to institute a case. It is further alleged that accused persons also assaulted those who came to save them.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant on account of dispute relating to land. It is further submitted that Jai Nath suffered four injuries out of which injury nos.1 ad 2 have been opined to be simple in nature and in injury nos.3 and 4 have been opined to be grievous in nature and as far as other injured are concerned, the injury suffered by them has been opined to be simple in nature. It is also submitted that there is no specific allegation of assault against petitioner no.2, Sunil Kumar and petitioner no.4, Binder Rai. It is further

submitted that petitioners are not criminals.

5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application. The learned counsel appearing on behalf of the informant does not dispute the submission of the learned counsel appearing on behalf of the petitioners that on account of dispute relating to land, the occurrence is alleged to have taken place, but then, it is submitted that Ashok, Manoj along with Arun are alleged to have assaulted Jai Nath and two injuries have been opined to be grievous which amply demonstrates that the force was used while assaulting Jai Nath.

6. After hearing the learned counsel for the parties, petitioner nos. 2 and 4, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Taraiya P. S. Case No.113 of 2026, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

7. The application stands allowed.

8. So far as petitioner nos.1 and 3 are concerned, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner nos.1 and 3.

9. The prayer of the petitioner nos.1 and 3 for anticipatory bail stands rejected.

vikash/- (Satyavrat Verma, J) U T