Ajay Yadav @ Ajay Kumar @ Ajay Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Ajay Yadav @ Ajay Kumar @ Ajay Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to the petitioner in the event of his arrest or surrender before the Court below within four weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-I, Jehanabad, subject to conditions under Section 438(2) Cr.P.C / 482(2) BNSS; bail application disposed of.

Issue for consideration

Whether the petitioner is entitled to pre-arrest bail in connection with Makhdumpur (O.P. Tehta) P.S. Case No. 88 of 2025 registered for offences punishable under Sections 191(2), 126(2), 115(2), 109 and 303(2) of the BNS.

Court's answer

Pre-arrest bail granted: considering the nature of allegation against the petitioner to be general and omnibus, and the existence of case and counter case between the parties, the petitioner is directed to be released on pre-arrest bail in the event of his arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Jehanabad, subject to the conditions laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

Ratio / Principle

The District Court is directed to verify the criminal antecedents of the petitioner; if the petitioner is found involved in other cases beyond what is stated in Para 3 of the bail petition, this order will automatically lose its force.

Detailed headnote1 paragraphs

Pre-arrest bail (Patna High Court, Purnendu Singh, J.) - Petitioner sought pre-arrest bail in Makhdumpur (Tehta O.P.) P.S. Case No. 88 of 2025, Jehanabad, for offences under Sections 191(2), 126(2), 115(2), 109 and 303(2) BNS arising from an F.I.R. alleging assault on the informant and his son with rod and butt and snatching of a golden chain worth Rs. 40,000/- and cash of Rs. 20,000/-. Counsel for the petitioner urged that the allegations were general and omnibus, the parties were own gotiya with enmity over a land dispute, there was case and counter case between them, and the petitioner had clean antecedents; the APP opposed. The Court, considering the allegations against the petitioner to be general and omnibus and noting case and counter case between the parties, directed release on pre-arrest bail upon arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of ACJM-I, Jehanabad, subject to conditions under Section 438(2) Cr.P.C / 482(2) BNSS. The District Court was directed to verify the petitioner's criminal antecedents; the order to automatically lose force if the petitioner is found involved in other cases beyond those stated in Para 3 of the bail petition. Bail application disposed of (order dated 21-01-2026).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66124 of 2025

Arising Out of PS. Case No.-88 Year-2025 Thana- MAKHDUMPUR District- Jehanabad

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Ajay Yadav @ Ajay Kumar @ Ajay Prasad S/o Suresh Yadav R/o VillageMalathi, P.S.- Makhdumpur (Tehta O.P.), Dist.- Jehanabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr. Nitya Nand Neeraj, Advocate. For the Opposite Party/s : Mr. Binod Kumar, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

4 21-01-2026

Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Makhdumpur (O.P. Tehta) P.S. Case No. 88 of 2025 registered for the offence punishable under Sections 191(2), 126(2), 115(2), 109 and 303(2) of the BNS.

As per the allegation made in the F.I.R., the accused persons assaulted the informant and his son by means of rod and butt causing injury on their head and also snatched a golden chain worth Rs. 40,000/- and cash of Rs.20,000/-.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case. The allegation levelled against the petitioner is not specific rather general and omnibus. The parties are own gotiya and there is enmity between them due to land dispute. There is case and counter case between the

Patna High Court CR. MISC. No.66124 of 2025(4) dt.21-01-2026 2/2

parties. The petitioner has clean antecedent.

Learned APP for the State has vehemently opposed

the prayer for grant of pre-arrest bail to the petitioner.

Considering the nature of allegation made against the petitioner to be general and omnibus and there is case and counter case between the parties, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Jehanabad in connection with Makhdumpur (Tehta O.P.) P.S. Case No. 88 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

The bail application stands disposed of.

(Purnendu Singh, J)

mantreshwar/- U T