Patna High Court
AJIT KUMAR @ AJIT VERMA @ PINKUversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Ajit Kumar, was arrested in connection with a murder case (Harsidhi P.S. Case No. 487 of 2024) registered under sections 103 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner lured the victim under the pretext of a panchayat meeting, leading to the victim's death by hanging, but no eyewitness testimony was presented. The petitioner contended that he was falsely implicated and that the case was "last seen" with only the FIR as evidence. After hearing both sides, the Court noted the lack of substantive evidence, the petitioner’s prolonged custody since 23 July 2025, and the filing of the charge‑sheet. Accordingly, the Court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions of appearance and cooperation in trial.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 in a murder case where the evidence is limited to the FIR and no eyewitnesses are present.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 61(2)
Subjects
- bail
- regular bail
- murder
- Bharatiya Nyaya Sanhita
- last seen doctrine
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77057 of 2025
Arising Out of PS. Case No.-487 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
AJIT KUMAR @ AJIT VERMA @ PINKU S/O LATE GAURI SHANKAR
LAL VERMA @ LATE GAURI SHANKAR PRASAD R/O VILL.-
MATHLOHIYAR, P.S.- HARSIDHI, DIST.- EAST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Harsidhi P.S. Case
no.487 of 2024 registered under sections 103 and 61(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the petitioner asked her husband to accompany him to the
place of occurrence where the other eleven named accused
persons would also be present and they would sort out the land
dispute between the parties. It is further stated that on her
husband not returning home, she searched for him but he was
not to be found. Subsequently, it transpired that he had been
killed and hanged. She went and identified her husband. She
Patna High Court CR. MISC. No.77057 of 2025(4) dt.11-02-2026
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states that she is convinced that the accused persons have killed
him by calling him on the pretext of a panchayati.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. There is no
eye witness to the occurrence. Accepting the allegations levelled
in the FIR, at best the case against the petitioner is of last seen.
The petitioner is in custody since 23.7.2025 and chargesheet has
been submitted in the case.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, the case against
the petitioner being one of last seen, the petitioner having
remained in custody since 23.7.2025 and chargesheet having
been submitted in the case, the Court directs the petitioner to be
enlarged on bail in connection with Harsidhi P.S. Case no.487 of
2024 on furnishing bail bond of Rs.10,000/ (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned J.M. 1st Class, East Champaran,
Motihari on the following conditions:
(i) That the petitioner shall remain physically
Patna High Court CR. MISC. No.77057 of 2025(4) dt.11-02-2026
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present/properly represented on each date of the trial and shall
cooperate in the trial/case.
(ii) In case the petitioner is absent or unrepresented on
any single date for reasons not to the satisfaction of the learned
trial Court or in case the learned trial Court is of the opinion that
the trial is being delayed due to non-cooperation on part of the
petitioner, the learned trial Court may cancel the bail bond of the
petitioner and take him into custody till conclusion of the trial.
(Partha Sarthy, J)
Saurabh/-
U T
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