Patna High Court
Ajay Kumar @ Ajay Yadav @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for regular bail was denied.
Summary
The petitioner, Ajay Kumar, was charged under Sections 109, 103 and 3(5) of the BNS and Section 27 of the Arms Act for allegedly shooting the brother of an informant, who later died. The petitioner’s name does not appear in the FIR; it was derived from the confessional statements of co‑accused Subodh Kumar and Gaurav Kumar, who identified him as the assailant. The petitioner has twelve prior criminal convictions, many of a similar nature. The High Court considered the seriousness of the offences, the nature of the evidence, and the petitioner’s criminal record. It rejected the petitioner's request for regular bail and directed the trial court to expedite the trial within one year.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences and the evidence against him.
- Whether the confessional statements of co‑accused constitute sufficient basis to deny bail.
Legislation cited
Subjects
- bail
- criminal antecedents
- confessional statement
- Arms Act
- serious offence
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91856 of 2025
Arising Out of PS. Case No.-784 Year-2024 Thana- RAMKRISHNANAGAR District- Patna
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Ajay Kumar @ Ajay Yadav @ Sonu Kumar S/o Late Chandradeep @ Late
Chandradip Prasad @ Chandradip Yadav R/o - Surangapar (Sorangpur), P.S -
Fathuha, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Anil Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and
learned A.P.Ps. for the State .
2. The petitioner seeks bail in a case registered for
offence under Sections 109, 103 and 3 (5) of BNS and 27 of
Arms Act.
3 . As per F.I.R. brother of informant was shot by
some unknown persons near Masaurhi More and during course
of treatment, he died.
4. From perusal of the record, it appears that
petitioner is not named in the F.I.R. The name of the petitioner
transpired during investigation in the confessional statement of
co-accused Subodh Kumar and Gaurav Kumar and as per their
confessional statement, this petitioner is assailant of
Patna High Court CR. MISC. No.91856 of 2025(2) dt.13-02-2026
2/2
deceased, who shot dead the brother of informant ( deceased ).
Petitioner has got 12 criminal antecedents out of which most of
them are of similar nature .
5 . Considering the nature of accusation , criminal
antecedents of this petitioner, material available on record,
gravity of offence and other circumstances of the case, the
prayer of petitioner for regular bail is rejected. However, since
petitioner is in custody since 30.07.2025 , learned Trial Court is
directed to expedite and conclude the trial preferably within the
period of one year from the date of receipt/production of copy of
this order.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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