Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25097 of 2025 Arising Out of PS. Case No.-578 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Ajay Kumar Son of Karu Yadav Resident of village - Paluhad Tola Jarhipar, P.S.- Tekari, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawnit Kumar Tiwary, Adv For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Belaganj P.S. Case No. 578 of 2023 registered for the offences under Sections 399, 402, 304, 201, 120 (B) and 34 of the IPC.
3. The petitioner is named in the F.I.R. and is in custody since 19.11.2024
4. The allegation against the petitioner is to involve in preparation of dacoity along with other named and unknown co-accused persons.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.25097 of 2025(3) dt.28-07-2025 2/3 petitioner submitted that initially FIR was lodged on the basis of information that the son of the informant was murdered by named co-accused persons including this petitioner for the offence punishable under Section 302 of the IPC, but later on after investigation police submitted charge-sheet for the offence punishable under Sections 399 and 402 of the IPC only, considering the fact that the son of the informant, who was also a man of criminal antecedent died out of motor vehicle accident, while preparing for dacoity being accomplice.
6. In this context, it is further submitted that no incriminating material recovered/surfaced from the possession of this petitioner, during the course of investigation on the basis of which it can be said that petitioner was primarily involved with preparation of dacoity. While concluding the argument it is submitted that petitioner is a man of clean antecedent, and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
7. Learned APP appearing on behalf of the State, opposes the prayer for bail.
Patna High Court CR. MISC. No.25097 of 2025(3) dt.28-07-2025 3/3
8. In view of aforesaid facts and circumstances as mentioned above and by taking note of fact as prima-facie nothing surfaced during the course of investigation on the basis of which it can be said that petitioner was primarily involved in preparation of dacoity, coupled with the fact as petitioner remains in custody since 19.11.2024 , accordingly above named petitioner, is directed to be released on bail in connection with Belaganj P.S. Case No. 578 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J.) S.Tripathi/- U T