Ajay Kumar Singh @ Photi SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38738 of 2026
                        Arising Out of PS. Case No.-74 Year-2026 Thana- BELHAR District- Banka
                 ======================================================
                 Ajay Kumar Singh @ Photi Singh S/O Late Gorelal Singh R/O Village-
                 Beldiha, PS-Belhar, Distt- Banka

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarveshwar Tiwary
                 For the Opposite Party/s :       Mr. Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   21.03.2026 in connection with Belhar P.S. Case No. 74 of 2026

                   for the offences punishable under Sections 126(2), 115(2),

                   109(1), 308(4), 352, 351(2), 3(5) of BNS and Section 27 of the

                   Arms Act.

                               3. The case of prosecution is engendered upon an

                   application filed by one Sanjiv Kumar Singh with the

                   allegations that on 18.03.2026, at about 08:00 pm, his son

                   Ambuj Kumar Singh along with his friend Saksham Kumar

                   Singh and Satyam Kumar Singh was sitting in the Kali temple.

                   Then, (i). Rajesh Kumar Singh, (ii). Rajnish Kumar Singh, (iii).

                   Ajay Kumar Singh @ Photi Singh in collusion with each other
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          came there and Rajesh Kumar @ Title Singh started abusing and

          threatened him and demanded Rs. one lakh as extortion money

          within five minutes. When his son retaliated, Rajesh Kumar

          Singh provoked to shoot him, upon which Rajnish Kumar Singh

          took pistol from his lumbar and fired upon his son Ambuj

          Kumar, which inflicted injury on his temple area. By hearing

          this sound, the informant and his family members came to

          rescue and saw his son in injured condition whereas Nitish

          Kumar was waiving pistol in his hand and demanding Rupees

          one lakh as extortion money.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It is further submitted that it appears from

          the FIR that although the petitioner is named in the FIR but

          from perusal of the FIR it appears that there is no specific

          allegation of assault or overt act or firing is attributed against

          the petitioner. It is next submitted that petitioner has been made

          an accused in this case merely on the ground that petitioner is

          member of the mob. It is also submitted that allegation of firing
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          is attributed against one accused person, namely, Mr. Rajnish

          Kumar Singh. Learned counsel for the petitioner further submits

          that the date of occurrence as alleged in the FIR is 18.03.2026

          and the FIR has been instituted on 20.03.2026 i.e., after a delay

          of two days without giving any explanation of delay. Learned

          counsel for the petitioner next submits that police after

          investigation has submitted charge-sheet and petitioner is in

          custody since 21.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 the learned CJM,

          Banka in connection with Belhar P.S. Case No. 74 of 2026,

          subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the
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                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T