Ajit Kumar @ Harshit Kumar @ Harsh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57756 of 2025 Arising Out of PS. Case No.-336 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== Ajit Kumar @ Harshit Kumar @ Harsh Kumar S/O Vishwanath Sah Teli Resident of Village and Post- Kopwan, P.S.- Koran Saray, Dist.- Buxar, Bihar802126 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajni Kant Singh, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 125/352/351(2) and 351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and 3⁄4 of the Explosive Substance Act.
3. The case of the prosecution, as disclosed in the first information report, is that the informant, who is a Police Officer, upon an information received from the University Traffic Out Post that students of Minto and Cavendish Hostels have clashed, reached the said place and found that they are indulging in abusing, stones pelting and hurling bombs. The matter was pacified later upon arrival of the police. However,
2/4 the materials used for preparation of bomb were found in some rooms of the Minto Hostel and four inmates of the hostel were also arrested.
4. It is submitted by learned counsel for the petitioner, at the very outset, that the petitioner was not arrested from the spot, as would be evident from the first information report itself. The name of the petitioner transpired in this case only on disclosure made by the arrested accused persons, whereas the petitioner had no connection with the said hostels or their inmates. It is further submitted that the petitioner is a young student aged about 19 years and pursuing his graduation course from the Bihar National College, Patna University and his career would be ruined by any further incarceration. It is further submitted that three similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 11.08.2025 passed in Cr. Misc. No.50044 of 2025 with Cr. Misc. No.52691 of 2025 and the order dated 12.08.2025 passed in Cr. Misc. No.50641 of 2025 and the case of the petitioner stands on a better footing. The petitioner has been languishing in custody since 10.05.2025.
5. Learned APP for the State opposes the prayer
3/4 for bail submitting that the indulgence of the petitioner and others in such activities cause disturbance to the local persons and also bring bad name to the educational institutions. Further, the petitioner has one criminal antecedent. In response to the same, it has been submitted that the other criminal case, bearing Pirbahore P.S. Case No.335 of 2025, as disclosed in para-3 of this petition, is a second F.I.R. arising out of the same incident wherein the petitioner has been granted bail by the learned Court below itself.
6. Taking into consideration the facts and circumstances of the case and also considering the fact that the matter relates to clash between the residents of two hostels and the petitioner is a student coupled with the fact that the similarly situated co-accused persons have already been released on bail, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Pirbahore P.S. Case No.336 of 2025, subject to the conditions that :
(i) One of the bailors should be the family member/ relative of the petitioner who shall provide official document to
4/4 show his/her bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. It is expected that the petitioner would henceforth engage himself in study and keep himself aloof from any illegal/ criminal activity which would ruin his future prospects. (Soni Shrivastava, J.) Trivedi/- U T