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Patna High Court

Ajay PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Ajay Prasad was arrested in connection with a triple murder case (PS Bhagwanpur Hat, Siwan) and charged under multiple sections of the B.N.S. and Section 27 of the Arms Act. He contended that he had no role in the assault or killings, asserting that his only alleged involvement was assisting a co‑accused in fleeing and concealing the weapon. The petitioner highlighted that similarly situated co‑accused had already been granted bail in earlier orders. The State and the informant opposed bail, arguing the seriousness of the offences. Considering the general nature of the accusations, the principle of parity with co‑accused, and the period of custody, the Court allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the charges under the B.N.S. and Arms Act
  • Whether the petitioner’s alleged role of assisting in escape and concealing a weapon warrants denial of bail
  • Whether parity with co‑accused previously granted bail mandates granting bail to the petitioner

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 103, 109, 115(2), 118(2), 126(2), 127(2), 190, 191, 192, 3(5), 61(2)

Subjects

  • bail
  • triple murder
  • criminal procedure
  • Arms Act
  • parity
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88898 of 2025
                  Arising Out of PS. Case No.-313 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Ajay Prasad Son of Late Dhupan Prasad Resident of Village- Malmalia, P.S.-
                 Bhagwanpur Hat, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Kumar Shaswat Anand, Advocate
                 For the State          :        Ms. Renu Kumari, APP
                 For the Informant      :        Mr. Bindhyachal Singh, Sr. Advocate
                                                 Mr. Aakash Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned senior counsel for the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 190, 191, 192, 126(2),

                   127(2), 115(2), 118(2), 109, 103, 61(2) and 3(5) of the B.N.S.

                   and Section 27 of the Arms Act.

                                3. It is a case of triple murder. As per prosecution

                   case, all 15 F.I.R. named accused persons along with 10 to 15

                   unknown persons committed the alleged occurrence. It is

                   specifically alleged that co-accused Shatrughan Singh assaulted

                   on the head of Munna Singh with farsa, thereafter co-accused

                   Kedar Singh, Ram Kishore Singh, Kishan Kumar, Deepak

                   Kumar and Suiraj Kumar assaulted with weapons, as a result of
Patna High Court CR. MISC. No.88898 of 2025(2) dt.31-01-2026
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          which Munna Singh, Rohit Kumar and Kanhaiya Singh

          succumbed to the injuries.

                       4. It is submitted by learned counsel for the petitioner

          that petitioner is quite innocent and has committed no offence.

          From bare perusal of the F.I.R. it is apparent that there is

          absolutely no allegation of assault or any other overt act against

          this petitioner. Petitioner is only alleged to have assisted co-

          accused Pawan Kumar in fleeing away from the place of

          occurrence and concealing the weapon which was used in

          commission of the crime. It is further submitted that similarly

          situated co-accused persons have already been granted bail by

          this Hon’ble Court vide order dated 17.11.2025 passed in Cr.

          Misc. No. 76374 of 2025 and order dated 18.11.2025 passed in

          Cr. Misc. No. 75193 of 2025. Moreover, charge-sheet has

          already been submitted and petitioner is in custody since

          07.07.2025.

                       5. On the other hand, learned A.P.P. for the State and

          learned senior counsel for the informant have vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity and period of custody, the prayer for grant bail of to the
             Patna High Court CR. MISC. No.88898 of 2025(2) dt.31-01-2026
                                                         3/3




                       petitioner is allowed.

                                    7. Accordingly, let the above named petitioner 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 learned Chief Judicial Magistrate, Siwan in

                       connection with Bhagwanpur P.S. Case No. 313 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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