Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20012 of 2026 Arising Out of PS. Case No.-84 Year-2025 Thana- KHAIRA District- Saran ====================================================== Ajit Kumar Son of Ashok Kumar Ray R/o Village - Tetarpur, P.S. - Khaira, Dist. - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khaira P.S. Case No. 84 of 2025 instituted for the offences under Sections 126(2), 115(2), 191(2), 190, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per allegation in the FIR, petitioner along with other accused persons is alleged to have assaulted the informant. In the meanwhile, when villagers came there, all the accused persons managed to ran away but one of the accused, namely, Ritesh Rai, has been caught by the villagers and handed over to police with one pistol.

4. Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.20012 of 2026(2) dt.01-04-2026 2/3 the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Ritesh Rai who has already been granted bail by a coordinate Bench of this Court vide order dated 27.08.2025 passed in Cr. Misc. No. 59136 of 2025. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.12.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- ( Rupees ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khaira P.S. Case No. 84 of 2025.

Patna High Court CR. MISC. No.20012 of 2026(2) dt.01-04-2026 3/3

8. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Khaira Police Station on first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

9. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner is directed to verify the antecedent of the petitioner. If the petitioner is found to be involved in any other case then the bail bonds of the petitioner shall not be accepted.

10. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not expressed any opinion on the merits of the case. (Sandeep Kumar, J) Vikas/- U