Ajay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88898 of 2025 Arising Out of PS. Case No.-313 Year-2025 Thana- BHAGWANPUR HAT District- Siwan ====================================================== Ajay Prasad Son of Late Dhupan Prasad Resident of Village- Malmalia, P.S.- Bhagwanpur Hat, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Kumar Shaswat Anand, Advocate For the State :
Ms. Renu Kumari, APP For the Informant :
Mr. Bindhyachal Singh, Sr. Advocate Mr. Aakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned senior counsel for the informant.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 190, 191, 192, 126(2), 127(2), 115(2), 118(2), 109, 103, 61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act.
3. It is a case of triple murder. As per prosecution case, all 15 F.I.R. named accused persons along with 10 to 15 unknown persons committed the alleged occurrence. It is specifically alleged that co-accused Shatrughan Singh assaulted on the head of Munna Singh with farsa, thereafter co-accused Kedar Singh, Ram Kishore Singh, Kishan Kumar, Deepak Kumar and Suiraj Kumar assaulted with weapons, as a result of
Patna High Court CR. MISC. No.88898 of 2025(2) dt.31-01-2026 2/3 which Munna Singh, Rohit Kumar and Kanhaiya Singh succumbed to the injuries.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that there is absolutely no allegation of assault or any other overt act against this petitioner. Petitioner is only alleged to have assisted coaccused Pawan Kumar in fleeing away from the place of occurrence and concealing the weapon which was used in commission of the crime. It is further submitted that similarly situated co-accused persons have already been granted bail by this Hon'ble Court vide order dated 17.11.2025 passed in Cr. Misc. No. 76374 of 2025 and order dated 18.11.2025 passed in Cr. Misc. No. 75193 of 2025. Moreover, charge-sheet has already been submitted and petitioner is in custody since 07.07.2025.
5. On the other hand, learned A.P.P. for the State and learned senior counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and period of custody, the prayer for grant bail of to the
Patna High Court CR. MISC. No.88898 of 2025(2) dt.31-01-2026 3/3 petitioner is allowed.
7. Accordingly, let the above named petitioner 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 Chief Judicial Magistrate, Siwan in connection with Bhagwanpur P.S. Case No. 313 of 2025. (Prabhat Kumar Singh, J) shashank/- U T