Patna High Court
Ajay Kumar @ Ajay Das @ Soldan DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Ajay Kumar, sought anticipatory bail fearing arrest in a case (Parasbigha P.S. Case No. 17/2023) involving alleged assault under IPC sections 341, 323, 308, 504, 506 read with 34. The prosecution alleged that the petitioner, along with co‑accused, attacked an informant with weapons, while the petitioner claimed innocence, citing simple injuries and no prior criminal record. The court noted that a co‑accused had already been granted anticipatory bail and that the injuries were minor. Considering these facts, the court granted anticipatory bail to the petitioner, imposing a bail bond of Rs.10,000 with two sureties and specific conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directs the petitioner to appear before the trial court and comply with conditions to avoid cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences and the nature of injuries.
- Whether the grant of anticipatory bail to a co‑accused influences the decision for the petitioner.
- Whether the conditions imposed under Section 438 CrPC and Section 482 B.N.S. are appropriate.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 308, 323, 34, 341, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- assault
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15315 of 2026
Arising Out of PS. Case No.-17 Year-2023 Thana- PARASBIGHA District- Jehanabad
======================================================
Ajay Kumar @ Ajay Das @ Soldan Das Son of Rameshwar Das Resident of
Village- Ghoshi (Mohanpur), P.S.- Parasbigha, District- Jehanabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lalan Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 29-04-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Parasbigha P.S. Case No. 17/2023, F.I.R dated
14.01.2023 registered for the offences punishable under
Sections 341, 323, 308, 504 and 506 read with Section 34 of the
Indian Penal Code.
3. According to prosecution case, the petitioner along
with the other co-accused persons assaulted the informant by
means of several weapons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Learned counsel for the petitioner submits that the nature of the
injury sustained does not corroborate with the First Information
Patna High Court CR. MISC. No.15315 of 2026(3) dt.29-04-2026
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Report. Other co-accused person has been granted anticipatory
bail by the Co-ordinate Bench of this Court vide order dated
17.08.2023 passed in Cr. Misc. No. 29996/2023. The injuries are
simple in nature caused by hard and blunt substance. The
petitioner has got no criminal antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the injuries are simple in nature and the co-accused person
has been granted anticipatory bail by the Co-ordinate Bench of
this Court. Accordingly, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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 Judicial Magistrate-1st Class,
Jehanabad in connection with Parasbigha P.S. Case No.
17/2023, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other following
Patna High Court CR. MISC. No.15315 of 2026(3) dt.29-04-2026
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conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
atul/-
U T
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