Patna High Court
Ajay Singh @ Ajay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, holding that the delay in FIR filing, minor nature of injuries, and lack of compelling evidence outweighed the State’s concerns about the antecedent.
Summary
The petitioner, Ajay Singh, sought regular bail in a case registered under multiple sections of the Bihar Penal Code for alleged assault on Vikash Rai and Golu Rai. The prosecution alleged that the petitioner participated in the assault, while the petitioner’s counsel argued innocence, claiming the injuries were minor, the FIR was lodged two days after the incident, and the allegations were vague. The State opposed bail, citing the petitioner’s prior criminal antecedent. The court, after hearing both sides, considered the delay in FIR filing, the nature of injuries, and the petitioner’s custody status, and decided to grant bail. The petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the learned JMFC Bhojpur at Ara.
Issues considered
- Whether regular bail should be granted to the petitioner under the cited sections of the Bihar Penal Code
- Whether the delay in filing the FIR affects the bail application
- Whether the petitioner’s prior criminal antecedent warrants denial of bail
- Whether the nature and severity of the alleged injuries justify bail
Subjects
- regular bail
- criminal antecedent
- FIR delay
- assault
- Bihar Penal Code
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8342 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- CHAORI District- Bhojpur
======================================================
Ajay Singh @ Ajay Kumar Singh S/O Basawan Singh R/O Vill.-
Dullamchak,P.S- Chauri,Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
115(2), 118(1), 109l 191(3), 303(2), 352, 351(2) of BNS.
3. The case of the prosecution is that the petitioner
along with others has assaulted Vikash Rai and Golu Rai.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the nature of
allegation is general and omnibus. He has further submitted that
from perusal of the order of the learned trial court, it will
transpire that the injured of this case have received simple
injuries caused by hard and blunt substance. The occurrence is
Patna High Court CR. MISC. No.8342 of 2026(2) dt.12-02-2026
2/2
of 07.11.2025 whereas the FIR was lodged on 09.11.2025 there
is delay of two days in lodging the FIR. Moreover, the petitioner
is languishing in judicial custody since 15.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having one criminal antecedent.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Chauri P.S. Case No. 185 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned JMFC Bhojpur at Ara.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…