Ajit Kumar @ Ajit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31427 of 2025 Arising Out of PS. Case No.-324 Year-2024 Thana- ATHMALGOLA District- Patna ====================================================== Ajit Kumar @ Ajit Singh, S/o- Ramswarath Singh @ Ram Swarath Yadav, Village- Chanda, P.s-Athmalgola, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Harendra Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-05-2025 Heard Mr. Deepak Kumar learned Advocate appearing on behalf of the petitioner and Mr. Satyendra Narayan Singh, learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Athmalgola P.S. Case No. 324 of 2024, registered for the offences punishable under Sections 326(g), 324(4), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.

3. On the fateful night while the informant after closing his shop returned to his house and later on went to see the shop. He found that his shop was set on fire and three persons who were present there on noticing the informant fled away from a motorcyle, they have been identified by the informant and out of them, one is said to be the petitioner.

4. Learned Advocate appearing on behalf of the

Patna High Court CR. MISC. No.31427 of 2025(2) dt.16-05-2025 2/3 petitioner contended that in fact on account of village politics and previous enmity between the informant, his name has been implicated in this case without there being any substantive material. Both the sections are bailable except Section 326(g) of the Bharatiya Nyaya Sanhita. It is the contention of the petitioner that the petitioner has been involved in public service and participating in political affairs and, as such, this might be one of the reason to implicate the name of the petitioner. Even during the course of investigation, there is no eye witness to the alleged occurrence.

5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that one of the co-accused who was apprehended by the police has confessed his complicity in the crime alongwith the petitioner. Moreover, the petitioner bears thirteen criminal antecedent of different nature, which shows his criminal bent of mind.

6. Regard being had to the submissions made on behalf of the parties and considering the materials available on record as also the criminal antecedent of the petitioner, this Court is not acceded to the prayer for anticipatory bail, however if the petitioner surrenders before the Court below preferably within a period of four weeks from today, the same shall be

Patna High Court CR. MISC. No.31427 of 2025(2) dt.16-05-2025 3/3 considered by the jurisdictional Court, without being prejudice by the order of this Court.

(Harish Kumar, J) supratim/- U T