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Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

Ajay Kumar was arrested on 30 November 2025 in connection with a FIR alleging attempted abduction of an informant's daughter and her subsequent suicide, charging him under several sections of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that Kumar, along with co‑accused, tried to abduct the girl, while the defence argued that the victim’s suicide was self‑inflicted due to a love affair and that Kumar was falsely implicated because of his relation to co‑accused Ritesh Kumar. The petitioner asserted a clean criminal record and maintained that the allegations were fabricated. The court examined the FIR, the suicide fact, and the petitioner’s antecedents, finding no substantive basis to keep him in custody. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order was subject to verification of the petitioner’s criminal antecedent by the lower court.

Issues considered

  • Whether bail should be granted to the petitioner despite charges under the Bihar Narcotic Substances Act, 2023.
  • Whether the allegations of attempted abduction and the victim's suicide constitute sufficient grounds for continued detention.
  • Whether the petitioner’s clean antecedent and the claim of false implication justify bail.

Legislation cited

Subjects

  • bail
  • attempted abduction
  • suicide
  • false implication
  • criminal antecedent
  • Bihar Narcotic Substances Act
  • high court
  • Patna

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11688 of 2026
                     Arising Out of PS. Case No.-250 Year-2025 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
                 Ajay Kumar S/o- Pavan Das R/v- Kalyanpur Basti Purab Ps- Mohiuddinnagar
                 Dist- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   29-04-2026                    Heard Mr. Shubhesh Pandey, learned counsel for the

                   petitioner and Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   30.11.2025 in connection with Mohiuddinnagar P.S. Case No.

                   250 of 2025, F.I.R. dated 30.11.2025 for the offences punishable

                   under Sections 126(2), 115(2), 127(2), 74, 108, 352, 351(2),

                   351(3) and 3(5)of the BNS, 2023.

                               3. According to prosecution case, this petitioner along

                   with accused persons tried to abduct the daughter of the

                   informant. It is further alleged that later on, daughter of the

                   informant committed suicide.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.11688 of 2026(3) dt.29-04-2026
                                            2/3




          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. In fact, the victim was in love

          with one Ritesh Kumar and family members of both the parties

          were not ready to perform their marriage and due to this reason

          the victim has committed suicide herself and this petitioner has

          no role at all in the present crime in question. He has been made

          accused merely on the ground that the petitioner is related to the

          co-accused Ritesh Kumar. He further submits that the police

          after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 30.11.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, it appears from the FIR

          itself that the deceased has committed suicide herself and

          petitioner has been made accused merely on the ground that the

          petitioner is related to the co-accused Ritesh Kumar, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned SDJM,
            Patna High Court CR. MISC. No.11688 of 2026(3) dt.29-04-2026
                                                        3/3




                      Sahpur Patory, Samastipur in connection with Mohiuddinnagar

                      P.S. Case No. 250 of 2025, subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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