Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 108, 115(2), 126(2), 127(2), 3(5), 351(2), 351(3), 352, 74
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
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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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