Dr. Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15221 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== Dr. Ajay Kumar Singh S/O Rajdeo Singh @ Rajdev Singh Resident of Village- Mohajamma, Police Station-Mahua, District Vaishali, at present Room No. LR-42, Chankya P.G. Hostel, Patna Medical College, Patna, Police Station- Pirbahore, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma For the State :

Mr. Nawal Kishore Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-06-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Pirbahore Police Station Case No. 21 of 2025, dated 09.01.2025, disclosing offences under Sections 318(4)/338/336(3)/303(2)/317(2) of the Bhartiya Nyaya Sanhita.

3. The prosecution case, as per the First Information Report, is that on 07.01.2025 the care taker of the P.G. Hostel of the Patna Medical College informed that fire broke out in the Room No. LR-42 which was unauthorizedly occupied by the petitioner. From the same room certain incriminating materials including burnt notes as well as

2/4 OMR sheet, admit card of some of the students of Aryabhata Knowldege University were recovered.

4. Learned senior counsel for the petitioner submits that the petitioner has falsely been implicated in the present case with oblique motive only because he has been over staying in the PG Hostel Room No. LR-42, which is situated on the 2nd floor of the hostel. The petitioner was allotted the room in the hostel while he was pursuing PG Course in the PMCH and after completion of his PG Course he was over staying in the hostel room which was not to the liking of other students and the management. It has further been submitted that the petitioner appeared in the Bihar Joint Entrance Competitive Examination for the post of Senior Resident in which the petitioner was successful and was posted in Patna Medical College Hospital, Patna, in the Plastic Surgery Department.

Referring to the seizure list, learned counsel submits that the seizures were made from Room No. 1 situated at ground floor and not from the room of the petitioner i.e. Room No. LR-42.

3/4 brought from the Room No. LR-42 to the Room No. 1 situated on ground floor by some of the students and it has not specifically been stated that it was the petitioner, who has brought the seized materials. Learned counsel next submits that the petitioner shall vacate the Room No. LR-42 before furnishing the bail bond and shall produce the acknowledgment receipt of handing over of the hostel room to the hostel superintendent/warden at the time of furnishing his bail bond. The petitioner shall also cooperate with the police in the investigation.

5. Learned counsel for the State vehemently opposes the prayer for bail and submits that the petitioner is having two criminal antecedents and the statement of the caretaker is that the incriminating materials were seized from the Room No. 1 of the hostel might have been brought by the students which includes the petitioner also.

6. Having regard to the submissions made on behalf of the parties and taking into consideration the materials available on record and the fact that the seizure of incriminating material has been made from the Room No. 01 situated on ground floor and not from the Room No. LR-42 occupied by the petitioner, I am inclined to grant

4/4 the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Pirbahore Police Station Case No. 21 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

9. Further subject to the condition that the petitioner shall co-operate with the police during the investigation and shall also vacate the hostel Room No. LR-42 and shall produce the acknowledgment receipt to the Hostel Superintendent/Warden before furnishing the bail bond. (Anil Kumar Sinha, J) ashwani/- U T