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Patna High Court

Ajay Kumar @ Ajay Das @ Soldan DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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