Ajay Paswan @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24756 of 2026 Arising Out of PS. Case No.-144 Year-2025 Thana- FULKAHA District- Araria ====================================================== Ajay Paswan @ Ajay Kumar S/O Lalan Paswan R/O Village- Madhura Uttar, Ward no. 02, P.S- Fulkaha, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 303(2), 317(2) and 317(4) of BNS.

3. The case of the prosecution is that near the house of this petitioner, altogether three stolen bikes were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. From perusal of the seizure list, it is clear that the recovery has not been made from the house of the petitioner rather the recovery has been made behind his house. The seizure list witnesses are police personnel and police has not followed Section 105 of BNSS while preparing

Patna High Court CR. MISC. No.24756 of 2026(2) dt.16-04-2026 2/2 the seizure. He has been framed in this case due to his criminal antecedents. Moreover, he is languishing in judicial custody since 08.12.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having ten criminal antecedents.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Fulkaha P.S. Case No. 144 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria with following conditions:- (i) The petitioner shall cooperate in trial and shall remain physically present in the trial court on each and every fixed date.

(ii) Petitioner is also directed to mark his weekly attendance at Fulkaha P.S.

(Ashok Kumar Pandey, J) Shubham/- U T