Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28838 of 2025 Arising Out of PS. Case No.-109 Year-2024 Thana- PAUTHU District- Aurangabad ====================================================== Ajit Kumar S/o Sarjun Yadav R/o Village- Rampur Parasiya, P.S.- Pauthu, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-07-2025 Heard Mr. Rakesh Singh, learned counsel for the petitioner and Ms. Nirmala Kumari, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Pauthu P.S. Case No. 109 of 2024, F.I.R. dated 22.10.2024 for the offences punishable under Sections 103(1), 238, 61(2) and 123 of B.N.S.

3. According to prosecution case, the petitioner and some unknown persons have killed the deceased and her two children by poisoning and pressing their neck.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.28838 of 2025(3) dt.10-07-2025 2/3 petitioner has not committed any offences as alleged in the F.I.R. and the petitioner is not the family member of the deceased, he is the driver of the vehicle in question and as per allegation in the F.I.R. the accused persons have used the vehcile of the petitioner for disposal of the dead body of the deceased and the petitioner has no intention and the specific allegation in the F.I.R. against the co-accused persons, they are family members of the deceased.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances and the petitioner has clean antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Pautha P.S. Case No. 109 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.28838 of 2025(3) dt.10-07-2025 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Jyoti Kumari/- U T