Ajay Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43440 of 2026 Arising Out of PS. Case No.-34 Year-2026 Thana- Mathurapur District- Samastipur ====================================================== Ajay Kumar Ray Son of Ram Sevak Ray R/O Village- Sari Tole Shanichara Sthan, P.S.- Mathurapur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-07-2026 Heard Mr.Anirudh Kumar Sinha, learned counsel for the petitioner and Mr.Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 25.04.2026 in connection with Mathurapur P.S. Case No.34 of 2026, FIR dated 25.04.2026 registered for the offence punishable under Sections 115(2), 126(2), 109(1), 303(2), 352, 351(2), 3(5) of the BNS.

3. Allegation against the petitioner is that he abused the informant and called other co-accused and on his call, they came and thereafter he alongwith other co-accused assaulted the informant with danda and iron rod causing injury on his head and hand.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43440 of 2026(2) dt.07-07-2026 2/3 petitioner has clean antecedent. Although the petitioner is named in the FIR but from a bare perusasl of the FIR it appears that there is no specific allegation of any assault or overt-act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner. It appears from the FIR itself that due to some petty dispute the present occurrence had taken place and there there is no specific allegation against the petitioner in the FIR, the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 25.04.2026.

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

6. Considering the aforesaid facts, petitioner has clean antecedent, there is no specific allegation against the petitioner in the FIR, let the petitioner, above named, 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 learned Judicial Magistrate, First Class, Samastipur in connection with Mathurapur P.S. Case No.34 of 2026, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.43440 of 2026(2) dt.07-07-2026 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her 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) Nitesh/- U T