Patna High Court
Ajay PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The bail application is rejected; the petitioner must remain in custody.
Summary
The petitioner, Ajay Pandey, is in judicial custody for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, stemming from an incident on 13 May 2020 where he is accused of assaulting and shooting his brother-in‑law, resulting in the victim's death. The prosecution's case is based on the informant’s statement and the testimony of several witnesses, including a doctor, who have been examined before the Sessions Court. The petitioner’s counsel argued that the prolonged custody warrants bail. The State opposed, emphasizing the seriousness of the charge—murder of a close relative—and noting that the majority of witnesses support the prosecution. The High Court, after considering the submissions and the gravity of the allegation, ordered the trial to be expedited and denied the bail application.
Issues considered
- Whether bail should be granted to the petitioner pending trial for the alleged murder under Section 30(a) of the Bihar Prohibition and Excise Act.
Subjects
- bail
- murder
- judicial custody
- firearm
- prosecution evidence
- trial expedite
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23228 of 2026
Arising Out of PS. Case No.-132 Year-2020 Thana- DAUDNAGAR District- Aurangabad
======================================================
Ajay Pandey Son of Ramadhar Pandey @ Late Ramadhar Pandey Resident of
Arai, P.S. - Daudnagar, Dist. - Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravindra Kumar, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 03-04-2026 Heard Mr.Ravindra Kumar, learned counsel for the
petitioner and Mr. Nagendra Prasad, learned APP for the State.
2. The petitioner is in judicial custody in connection
with P.S. Case No. of 202 for the offence punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act lodged
on by the informant .
3. As per the prosecution story, the informant alleged
that on 13.05.2020 in presence of her full brothers her brother in
law (Bhaishur), Ajay Pandey (Petitioner) assaulted her husband
in the court yard. In the meantime Ajay Pandey took out pistol
from Prayer (Puja) room and fired upon her husband which hit
on his neck and he fell down in frenzied condition, thereafter, he
fled away from the house along with pistol. The injured husband
was taken for treatment who died during the course of treatment
Patna High Court CR. MISC. No.23228 of 2026(2) dt.03-04-2026
2/2
at Sadar Hospital Aurangabad. This led to the FIR.
4. Learned counsel for the petitioner submits that he
has remained in custody for long and as such deserves bail.
5. Learned APP on the other hand opposes the prayer
submitting that the direct allegation against him is of killing of
his own brother and further with the help of learned Sessions
Judge order shows that four out of seven witnesses including the
Doctor has already been examined. Learned Sessions Judge
order further records that the witnesses so far as have supported
the prosecution story.
6. Considering the aforesaid submissions as also that
there is direct allegation against the petitioner is of killing his
own brother, directing the Trial Court to expedite the trial and
conclude it at an earliest, the bail application stands rejected.
(Rajiv Roy, J)
Ravi/-
U T
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