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Patna High Court

Ajay SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

Ajay Singh applied for anticipatory bail after being implicated in a case alleging illegal sand mining, gang firing, and possession of cartridges, with charges under IPC sections 147, 148, 149, 307, 120(B) and Arms Act section 27. The prosecution’s informant claimed Singh was part of a gang that exchanged fire to assert supremacy, and eight cartridges were recovered from the scene, though none were found on Singh. Singh contended he was innocent and that his name was merely disclosed by a local watchman, emphasizing the absence of any incriminating article in his possession. The State highlighted Singh’s two prior criminal antecedents and opposed bail. Considering the seriousness of the alleged offences and the petitioner’s criminal history, the court refused the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the offences alleged and his prior criminal antecedents

Legislation cited

Subjects

  • anticipatory bail
  • illegal sand mining
  • gang violence
  • IPC
  • Arms Act
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86792 of 2025
                      Arising Out of PS. Case No.-217 Year-2022 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Ajay Singh, Son of Tejan Singh, Resident of Village - Nathmalpur, PS -
                 Barhara, District - Bhojpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Niraj Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   15-01-2026                  Heard learned counsel for the petitioner and the

                   learned A.P.P. for the State.

                                2. The petitioner apprehends arrest in a case registered

                   for the offences punishable under Sections 147, 148, 149, 307,

                   120(B) of the Indian Penal Code and Section 27 Arms Act.

                                3. As per prosecution case, the informant namely,

                   Praveen Kumar, alleged that petitioner along with co-accused

                   are involved in illegal sand mining activities and he is a part of

                   the gang. It is further alleged that in order to establish

                   supremacy, there was exchange of firing between two gangs.

                   From the place of occurrence, 8 cartridges were found.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. The

                   name of the petitioner was disclosed by the local chaukidar.
            Patna High Court CR. MISC. No.86792 of 2025(3) dt.15-01-2026
                                                        2/2




                      No incriminating article was recovered from possession of the

                      petitioner.

                                    5. Learned A.P.P. for the State as well as learned

                      counsel for the complainant vehemently opposed the bail

                      application. It is further submitted that petitioner has got two

                      criminal antecedents.

                                    6. Considering the nature of accusation and criminal

                      antecedents, prayer for anticipatory bail of the petitioner is

                      refused.


                                                         (Prabhat Kumar Singh, J)

khushbu/-

U      T


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