Patna High Court
Ajay Yadav @ Ajay Kumar @ Ajay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied the petitioner's application for regular bail.
Summary
The petitioner, Ajay Yadav, sought regular bail for offences alleged under sections 191(2), 191(3), 190, 109, 103(1), 331(4), 305, 76, 61(2) of the B.N.S., 2023 and section 27 of the Arms Act, relating to indiscriminate firing on an informant's family resulting in death and injury, and alleged looting. This was his second bail application after a prior rejection on 16 June 2025. The court noted that the petitioner is the alleged assailant of the deceased and that the charges are of a serious nature. Considering the gravity of the offences and the fact that the petitioner has been in custody since 3 March 2025, the court declined to grant bail. The judgment expressly states that no opinion on the merits of the case was expressed, and the observation is limited to the bail application.
Issues considered
- Whether regular bail can be granted to the petitioner accused of murder, firearm injury and looting under the specified sections of the B.N.S., 2023 and the Arms Act
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 109, 190, 191(2), 191(3), 305, 331(4), 61(2), 76
Subjects
- bail
- regular bail
- criminal procedure
- murder
- firearms
- Arms Act
- serious offences
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83577 of 2025
Arising Out of PS. Case No.-246 Year-2024 Thana- BHARGAMA District- Araria
======================================================
Ajay Yadav @ Ajay Kumar @ Ajay Kumar Yadav S/O Bhupendra Yadav @
Bhaiyalal Yadav Resident of Village- Pothiya Tola Ward No. 07, Police
Station- Bhargama, District- Araria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Mukesh Kumar Rana, Advocate
For the State : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 30-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Bhargama
P.S. Case No.246 of 2024 registered under sections 191(2),
191(3), 190, 109, 103(1), 331(4), 305, 76, 61(2) of the B.N.S.,
2023 and under section 27 of the Arms Act.
3. Earlier, the prayer of the petitioner for grant
of bail has been rejected vide order dated 16.06.2025 passed in
Criminal Miscellaneous No.35657 of 2025.
4. The petitioner and others are said to have
fired indiscriminately upon the family members of the
informant, in which, the informant’s uncles sustained firearm
injury and died. It is also alleged that the accused persons have
Patna High Court CR. MISC. No.83577 of 2025(3) dt.30-03-2026
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also committed loot in the house of the informant.
5. The petitioner is in custody since
03.03.2025.
6. Considering the fact that the petitioner is the
assailant of the deceased, I am not inclined to grant him bail.
Accordingly, this bail application is rejected.
7. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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