Ajay Kumar @ Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11633 of 2025 Arising Out of PS. Case No.-503 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Ajay Kumar @ Ajay Yadav Son of Jiwachlal Yadav @ Achhelal Yadav Resident of Village- Bariyahi, Ward No. 10/11, P.S.- Bangaon, Distt.- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sadar P.S. Case No. 503 of 2024 dated 24.05.2024 registered for the offences punishable u/ss 27, 35 and 25(1B)(g) of the Arms Act.
3. As per the prosecution case, the informant received an information regarding firing made by some youth then the informant reached the place of occurrence to verify the same where the local people told that 14 miscreants on seven motorcycles came and made indiscriminate firing and thereafter, they fled away. It is further alleged that the pillion rider of the bike leading the group who was identified as Sanjay Jha.
Patna High Court CR. MISC. No.11633 of 2025(2) dt.16-04-2025 2/3 Thereafter, two empty cartridges were recovered from the place of occurrence which was seized.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Sanjay Jha and Rajiv Yadav. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The coaccused person has already been granted bail by the Coordinate Bench of this court vide order dated 01.10.2024 passed in Cr. Misc. No. 65974 of 2024. The petitioner has seven criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 05.12.2024.
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 abovenamed, 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 Court concerned, Saharsa in connection with Saharsa Sadar P.S. Case
Patna High Court CR. MISC. No.11633 of 2025(2) dt.16-04-2025 3/3 No. 503 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T