Patna High Court
Ajay Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Ajay Kumar Sinha, was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 for allegedly running a racket that extracted money from students to secure government job appointments. The prosecution's case relied mainly on confessional statements of co‑accused and lacked any documentary money trail linking the petitioner to the alleged transactions. The petitioner claimed innocence, noting that he had been in custody since 24‑08‑2025 and had two prior antecedents, one of which resulted in acquittal. The court observed that the charge sheet was already filed, the petitioner was no longer needed for investigation, and there was little risk of evidence tampering. Considering the absence of direct financial linkage and the weight of the antecedents, the court granted regular bail with a bond of Rs.10,000 and two sureties, subject to standard conditions.
Issues considered
- Whether bail should be granted to the petitioner despite charges under sections 318(2), 318(4), 319(2), 336(3), 338, 340(2), 61(2)(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the lack of documentary evidence and reliance on co‑accused confessions preclude bail.
- Whether the petitioner’s prior antecedents constitute a ground to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)(a)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- corruption
- money racket
- confessional statements
- antecedents
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16853 of 2026
Arising Out of PS. Case No.-651 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
Ajay Kumar Sinha Son of Ram Uriksh Prasad Resident of village
Bhagwanpur, P.S.- Ben, District – Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 27-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Jakkanpur P.S. Case No. 651 of 2025, registered under Sections
318(2), 318(4), 319(2), 336(3), 338, 340(2), 61(2)(a), 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, a racket was operated
to take money from students and secure their appointment in
Government jobs through illicit means. The petitioner is alleged
to be one of the members of the said gang.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. He further submits that no money trail or monetary
transaction has been brought to light so as to connect the
petitioner with the case. It is also submitted that the petitioner
Patna High Court CR. MISC. No.16853 of 2026(3) dt.27-05-2026
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has two antecedents, out of which he has been acquitted in one.
The petitioner has been in custody since 24.08.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Having heard learned counsel for the parties and
upon consideration of the facts and circumstances of the case,
this Court is of the view that bail may be extended to the
petitioner. The prosecution case, as it stands, appears to be
sought to be built primarily through confessional statements of
co-accused, without any documentary money trail connecting
this petitioner to the alleged transactions. The charge sheet has
already been filed and the petitioner is no longer required for the
purposes of investigation. The case rests on documentary
evidence, all of which is in the possession of the prosecution,
leaving little apprehension of tampering. As regards the
petitioner’s antecedent in the surviving case, the same has been
weighed and does not, in the facts of this case, constitute a
sufficient ground to deny bail, given the absence of a direct
financial link between the petitioner and the alleged racket.
Accordingly, this bail application is allowed.
7. Accordingly, let the petitioner above named be
released on bail on furnishing bail bonds of Rs. 10,000/-
Patna High Court CR. MISC. No.16853 of 2026(3) dt.27-05-2026
3/3
(Rupees Ten Thousand Only) with two sureties of the like
amount each, to the satisfaction of the learned Additional Chief
Judicial Magistrate-VIII, Patna/concerned court below, in
connection with Jakkanpur P.S. Case No. 651 of 2025, subject to
the following conditions:
(i) The petitioner shall not tamper with the evidence or
attempt to influence any witness connected with the
case.
(ii) The petitioner shall appear before the trial court on
each and every date fixed in the case and shall not
seek unnecessary adjournments.
(iii) The petitioner shall not leave the territorial
jurisdiction of the concerned court without prior permission.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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