Ajay KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21736 of 2026
                     Arising Out of PS. Case No.-26 Year-2025 Thana- DEOKUND District- Aurangabad
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                 Ajay Kumar S/O Ramnand Singh Village- Budhu Bigha, P.S.- Karpi, Dist.-
                 Arwal.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mukul Kumari, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Deokund P.S. Case No. 26 of 2025 (G.R. No. 730 of 2025)

                   lodged on 22.05.2025, for the offence punishable under Sections

                   191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 132, 303(2),

                   324(4) & 121 of the Bharatiya Nyaya Sanhita, 2023, pending in

                   the Court of Judicial Magistrate 1st Class, Daudnagar,

                   Aurangabad.

                                3. As per the prosecution, FIR has been lodged against

                   six named accused persons, owner of two motorcycles and 20-

                   25 unknown persons. It has been alleged that when the police

                   tried to stop a tractor which was without registration number

                   and carrying illegal sand, then 20-25 people armed with lathi
Patna High Court CR. MISC. No.21736 of 2026(2) dt.08-04-2026
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          and danda attacked the police party by which the informant who

          is ASI was also injured.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that the petitioner is not named in the FIR, and only

          allegation against him is that his motorcycle was found at the

          place of occurrence. Counsel submits that the petitioner had

          parked his motorcycle, and the said motorcycle was seized by

          the police due to which his name was subsequently implicated

          in the case. Counsel further submits that the petitioner has clean

          antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that though, the petitioner is

          not named in the FIR, but his motorcycle was found at the place

          of occurrence and with regard to that, there is no plausible

          explanation placed by the petitioner before this court.

                       6. As such, it is due to this reason, this Court is not

          inclined to grant bail to the petitioner. Accordingly, the prayer

          for anticipatory bail of the petitioner is hereby rejected.

                       7. However, if petitioner surrenders before the

          concerned Trial Court within a period of 4 weeks from today

          then in that case, the Trial Court is directed to pass order on his
             Patna High Court CR. MISC. No.21736 of 2026(2) dt.08-04-2026
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                       surrender-cum-bail application on the same day considering the

                       plausible explanation of the petitioner with regard to his

                       motorcycle present at the place of occurrence, without being

                       prejudice that the anticipatory bail of the petitioner has been

                       rejected by this Court and the Trial Court shall pass order on the

                       merit of this case.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T