Ajit KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6282 of 2026
                        Arising Out of PS. Case No.-255 Year-2025 Thana- BAUNSI District- Banka
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                 Ajit Kumar S/O Vijay Yadav @ Bijay Yadav R/O Vill.- Barmasiya, P.O.-
                 Shyambazar, P.S.- Bounsi, Dist.- Banka.
                                                                      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Murlidhar Mishra, Advocate
                                                  Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   23-03-2026                       Heard Mr. Murlidhar Mishra, learned counsel for the

                   petitioner and Mr. Kumar Veerendra Narayan, learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   06.09.2025 in connection with Bousi P.S. Case No. 255 of 2025,

                   F.I.R. dated 31.08.2025 for the offences punishable under

                   Sections 309(6) and 103(1) of the BNS, 2023 and Section 27 of

                   the Arms Act.

                                3.      According to prosecution case, some unknown

                   criminals entered into the jewellery shop of the informant's

                   husband with an intention to commit loot and fired upon the

                   informant's husband due to which he died during treatment.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.6282 of 2026(3) dt.23-03-2026
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          implicated in the present case. The petitioner is not named in the

          F.I.R and his name has been transpired during investigation on

          the basis of the confessional statement of the co-accused,

          namely, Adarsh Yadav which was recorded in paragraph no. 90

          of the case diary. He further submits that from perusal of the

          confessional statement of the co-accused it appears that the

          although the petitioner was present at the place of occurrence

          but the co-accused, namely, Ankit Kumar Yadav has fired upon

          the victim and his statement is recorded in paragraph no. 205 of

          the case diary in which he has confessed that he has fired upon

          the victim. He further submits that the police after investigation

          submitted the charge sheet against the petitioner. The petitioner

          is in custody since 06.09.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, he is not named in the

          F.I.R and the co-accused has fired upon the victim, 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 Chief Judicial

          Magistrate, Banka in connection with Bounsi P.S. Case No. 255
            Patna High Court CR. MISC. No.6282 of 2026(3) dt.23-03-2026
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                      of 2025, 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

                      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)
Vanisha/-

U      T