Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6282 of 2026 Arising Out of PS. Case No.-255 Year-2025 Thana- BAUNSI District- Banka ====================================================== Ajit Kumar S/O Vijay Yadav @ Bijay Yadav R/O Vill.- Barmasiya, P.O.- Shyambazar, P.S.- Bounsi, Dist.- Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murlidhar Mishra, Advocate Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-03-2026 Heard Mr. Murlidhar Mishra, 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 06.09.2025 in connection with Bousi P.S. Case No. 255 of 2025, F.I.R. dated 31.08.2025 for the offences punishable under Sections 309(6) and 103(1) of the BNS, 2023 and Section 27 of the Arms Act.
3. According to prosecution case, some unknown criminals entered into the jewellery shop of the informant's husband with an intention to commit loot and fired upon the informant's husband due to which he died during treatment.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.6282 of 2026(3) dt.23-03-2026 2/3 implicated in the present case. The petitioner is not named in the F.I.R and his name has been transpired during investigation on the basis of the confessional statement of the co-accused, namely, Adarsh Yadav which was recorded in paragraph no. 90 of the case diary. He further submits that from perusal of the confessional statement of the co-accused it appears that the although the petitioner was present at the place of occurrence but the co-accused, namely, Ankit Kumar Yadav has fired upon the victim and his statement is recorded in paragraph no. 205 of the case diary in which he has confessed that he has fired upon the victim. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 06.09.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, he is not named in the F.I.R and the co-accused has fired upon the victim, 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 Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No. 255
Patna High Court CR. MISC. No.6282 of 2026(3) dt.23-03-2026 3/3 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.
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) Vanisha/- U T