Patna High Court
Ajay PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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
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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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