Created by Fuzzy Cloud

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.