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Patna High Court

Ajay Kumar @ Ajay Yadav @ Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
                 ======================================================
                 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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