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Patna High Court

AJIT KUMAR @ AJIT VERMA @ PINKUversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

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

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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