Patna High Court
Ajay Kumar @ Ajay Ram @ Ajit Kumar @ AjitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Ajay Kumar, was arrested in connection with a robbery (IPC section 392) alleged to have occurred on 9 July 2023, and has been in custody since 1 May 2025. He applied for bail, submitting an undertaking that he would not engage in any criminal activity and that the State could cancel bail if he violated the terms. The State opposed the bail on the ground of the petitioner’s criminal antecedents. The Court noted the prolonged pre‑trial detention and the likelihood that the trial would not conclude soon, and therefore decided to grant bail subject to strict conditions, including a cash bond, sureties, regular appearances before the trial court and police, and prohibitions against tampering with evidence or committing further offences. The bail order was pronounced by Justice Rajiv Roy. The petitioner was released on bail with a bond of Rs 10,000 and two sureties of equal amount, along with detailed compliance requirements.
Issues considered
- Whether bail should be granted to the accused in a case of robbery (IPC 392) given the prolonged pre‑trial custody and alleged criminal antecedents.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- IPC 392
- pre‑trial detention
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1481 of 2026
Arising Out of PS. Case No.-88 Year-2023 Thana- KADIRGANJ District- Patna
======================================================
Ajay Kumar @ Ajay Ram @ Ajit Kumar @ Ajit S/o Lalan Ram R/o Village -
Chaiti Pipar, P.S - Ghoshi, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 03-04-2026 Heard the parties.
2. The petitioner is in custody in connection with
Kadirganj P.S. Case No. 88 of 2023 for the offence punishable
under sections 392 of the Indian Penal Code, lodged on
09.07.2023 by the informant, Uttam Kumar.
3. As per the prosecution story, the informant alleged
that on 09.07.2023 while he alongwith his nephew were moving
on bicycles and as they tried to fix the chain of the bicycle, the
accused came and snatched the mobile phone on gun point. As
the registration plate was recorded, the F.I.R.
4. Learned counsel for the petitioner submits that he
has already suffered by being in custody since 01.05.2025, an
undertaking has been given that if granted bail, shall not
indulge in any criminal activity and if he is found to be involved
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in any criminal case, the State can take steps for cancellation of
bail bonds.
5. Learned APP opposes the prayer submitting that he
has criminal antecedent.
6. Considering the submissions of the parties as also
the fact that he has remained in custody since 01.05.2025, the
trial is not likely to be concluded, in that background, this Court
is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned A.C.J.M.,
Masaurhi, in connection with Kadirganj P.S. Case No. 88 of
2023 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
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police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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