Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner.
Summary
Ajay Kumar applied for anticipatory bail after learning that he might be arrested in a case involving alleged kidnapping and murder of several persons, with bodies later found on a railway track. The prosecution alleged that the accused, including Pramod Kumar, had abducted the victims, but the petitioner was not named by any co‑accused or victim. The petitioner asserted his innocence, highlighted the absence of any specific overt act attributed to him, and pointed to his clean antecedent. The State opposed the bail, seeking detention. The court examined the nature of the accusations, the lack of direct evidence against the petitioner, and his clean record, and concluded that anticipatory bail was appropriate. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000, two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious nature of the allegations.
- Whether the absence of any specific allegation or overt act against the petitioner and his clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 140(1), 238, 61(2)
Subjects
- anticipatory bail
- criminal procedure
- kidnapping
- murder
- clean antecedent
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17472 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- PUNPUN District- Patna
======================================================
Ajay Kumar S/O Late Balli Singh R/O Village- Dubhara, P.S- Dhanarua,
(Chhitrauli) District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 15-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 140(1), 103(1), 238,
61(2) of the Bharatiya Nyaya Sanhita.
3. The prosecution case, in brief, is that on
11.09.2025, Pramod Kumar made a call from mobile to the
informant and informed that Subodh Kumar @ Loha Yadav
(deceased), Dheeraj Kumar, Lovely Kumari (deceased) and
Sudhanshu Kumar had been picked up from Ram Krishna by all
the FIR-named accused along with some unknown persons, who
dragged them away. Later, the informant received information
from Dhanarua Police Station that two unidentified dead bodies
had been found on the railway track. The bodies were sent to
Patna High Court CR. MISC. No.17472 of 2026(3) dt.15-05-2026
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PMCH, where the informant identified them as her son Subodh
Kumar @ Loha and Lovely Kumari. The informant alleged that
both had been murdered and their bodies thrown on the railway
track.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. During
course of investigation, co-accused Pramod Kumar, who
allegedly informed the informant about the incident has not
named this petitioner. Similarly, victim Dhiraj Kumar, who was
also kidnapped along with the deceased, has not named this
petitioner. There is no allegation of any specific overt act against
petitioner. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation, materials available on record and clean antecedent,
this anticipatory bail is allowed and it is ordered that let the
above named petitioner in the event of his arrest/surrender
before the court below within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sub-Divisional Judicial
Patna High Court CR. MISC. No.17472 of 2026(3) dt.15-05-2026
3/3
Magistrate, Masaurhi, Patna in connection with Punpun P. S.
Case No. 279 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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