Patna High Court

Ajit SahversusThe State of Bihar

Decided: 20 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to both petitioners upon the condition of furnishing a bail bond of Rs.10,000 with two sureties each.

Summary

The petitioners, Ajit Sah and Gaisul Azam, sought regular bail in a case registered under sections 318 and 303(2) of the BNS for an alleged assault on an e‑rickshaw driver on 2 June 2025. The prosecution alleged that the accused rendered the driver unconscious and stole his vehicle and mobile phone. The petitioners argued that the FIR was lodged more than a month after the incident, their names were recorded only on the basis of a police informer’s tip, no recovery was made, and no Test Identification Parade was conducted; their only link to the crime was their prior criminal antecedents. The State opposed bail, citing the seriousness of the offences. Considering the delay in filing the FIR, lack of substantive evidence, and the procedural deficiencies, the court ordered that both petitioners be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties each.

Issues considered

Whether regular bail should be granted to the accused under sections 318 and 303(2) of the BNS despite the delay in filing the FIR and lack of direct evidence.
Whether the petitioners' prior criminal antecedents justify denial of bail.

Legislation cited

BNS — s. 303(2), 318

Subjects

regular bail
sections 318
section 303(2)
BNS
FIR delay
lack of evidence
criminal antecedents
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10332 of 2026
                  Arising Out of PS. Case No.-375 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
           1.     Ajit Sah Son of Late Belash Sah Resident of Village - Mahangani, P.S. -
                  Ramkela, Dist. - Kushinagar.
           2.    Gaisul Azam Son of Nembu Alam R/o Village - Bihuli Nispi, P.S. -
                 Ramkola, Dist. - Kushinagar. State- UP.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sharad Kumar Verma, Advocate
                 For the Opposite Party/s :       Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   20-02-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 318

                   and 303 (2) of the BNS.

                                3. The case of the prosecution in short is that on

                   02.06.2025, while the informant was standing with his e-

                   rickshaw, one lady and one male person arrived as passengers

                   and he proceeded with them through Sariswa Road. During the

                   journey, the male passenger asked him whether he consumed

                   tobacco and thereafter, clapped three times, as a result of which

                   the informant became unconscious. When he regained
Patna High Court CR. MISC. No.10332 of 2026(2) dt.20-02-2026
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          consciousness, he found himself at G.M.C.H. The informant

          believes that the two unknown passengers had taken away his e-

          rickshaw and his Nokia keypad mobile phone after making him

          unconscious.

                       4. Learned counsel for the petitioners submits that

          from a perusal of the F.I.R. it is clear that the alleged occurrence

          took place on 02.06.2025 whereas the F.I.R. was lodged on

          05.07.2025. It is further submitted that the names of the

          petitioners surfaced only on the basis of information given by a

          police informer and, save and except the alleged confessional

          statement, there is nothing against them. No recovery has been

          made and no Test Identification Parade (T.I.P.) was conducted. It

          is also submitted that the petitioners have been implicated in the

          present case only on account of their criminal antecedents.

          Petitioner No. 1 has antecedents in two cases, whereas

          Petitioner No. 2 has antecedents in four cases.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioners are directed to be released on

          bail in connection with Bettiah Muffasil P.S. Case No. 375 of
            Patna High Court CR. MISC. No.10332 of 2026(2) dt.20-02-2026
                                                        3/3




                      2025 on furnishing bail bond of Rs.10,000/- (ten thousand)

                      eachwith two sureties of the like amount each to the satisfaction

                      of learned Chief Judicial Magistrate, West Champaran at

                      Bettiah.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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