Patna High Court

Ajay Kumar @ Ajay Kumar Singh @ Ajay SinghversusThe State Of Bihar

Decided: 1 April 2026
Disposal: DISPOSED
Bench: SANDEEP KUMAR

Holding

The court declined to grant bail directly and directed the petitioner to seek regular bail from the lower court, contingent upon verification of the compromise's genuineness.

Summary

The petitioner, Ajay Kumar, was arrested in connection with Lakhisarai P.S. Case No. 71 of 2026 for offences under Sections 126(2), 115(2), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleges that a scuffle broke out after the petitioner abused an informant, during which a shot was fired and the cartridge struck the petitioner himself. The petitioner contends that he is innocent, that the dispute has been amicably settled, and a compromise petition has been filed before the lower court. He has been in custody since 6 February 2026 and seeks bail. The High Court disposed of the bail application, directing the petitioner to approach the lower court for regular bail, subject to verification of the genuineness of the compromise and the informant's support, and ordered bail bonds if the compromise is found genuine.

Issues considered

Whether bail should be granted to the petitioner pending trial for the alleged offences.
Whether the compromise petition filed by the parties is genuine and can be relied upon for bail.
Whether the fact that the petitioner was injured by his own shot affects the bail decision.

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 352

Subjects

bail
compromise
Bharatiya Nyaya Sanhita
Arms Act
criminal procedure
settlement
scuffle
Lakhisarai

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.20005 of 2026
                    Arising Out of PS. Case No.-71 Year-2026 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Ajay Kumar @ Ajay Kumar Singh @ Ajay Singh S/O Anandi Singh @ Anant
                 Prasad @ Anant Prasad Singh R/O Vill.- Naya Tola Ward No.- 12,P.S-
                 Lakhisarai, Dist- Lakhisarai


                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State Of Bihar


                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukesh Kumar, Advocate
                 For the State            :       Mr.Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2.    The   petitioner      seeks      bail    in     connection

                   withLakhisarai P.S. Case No. 71 of 2026 registered for the

                   offence punishable under Sections 126(2), 115(2), 109, 352,

                   351(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27

                   of the Arms Act.

                                  3. As per the prosecution case, the accused persons

                   were abusing the informant as a result of which a scuffle took

                   place and in that moment a shot was fired and the cartridge hit

                   the accused petitioner himself.
Patna High Court CR. MISC. No.20005 of 2026(2) dt.01-04-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence. It is

          further submitted that both parties have amicably settled their

          disputes, and a compromise petition has been filed before the

          Court below. A copy of the aforesaid compromise is placed on

          record as Annexure-P/2.

                       5. The petitioner is in custody since 06.02.2026.

                       6. In these circumstances, the application is disposed

          of with liberty to the petitioner to approach the Court below for

          grant of regular bail. The Court below shall examine the

          genuineness of the compromise petition. If the compromise is

          found to be genuine and supported by the informant, the

          petitioner, above named, be released on bail on furnishing bail

          bonds of Rs. 10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Chief Judicial

          Magistrate, Lakhisarai/ concerned Court in connection with

          Lakhisarai P.S. Case No. 71 of 2026.

                       7. In the event the compromise is found to be not

          genuine or is not supported by the informant, the Court below

          shall pass an appropriate order in accordance with law.

                       8. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail
           Patna High Court CR. MISC. No.20005 of 2026(2) dt.01-04-2026
                                                       3/3




                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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