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Patna High Court

Ajay Singh @ Ajay Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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


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