Patna High Court
Ajay Kumar @ Ajay Kumar PalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioner, Ajay Kumar, sought anticipatory bail in a case registered under Sections 420 and 120(B) of the IPC, Section 10 of the Bihar Conduct of Examination Act, 1981 and Section 67 of the Information Technology (Amendment) Act, 2008. He argued that he has a clean antecedent and that a similar anticipatory bail was granted to Subham Kumar in Cr. Misc. No.16921 of 2024. The State opposed the relief. The Court, after considering the submissions and the earlier order, granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. The order is effective for six weeks from the date of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
- Whether the petitioner’s antecedents and the similarity to the Subham Kumar case justify granting bail.
Legislation cited
- Bihar Conduct of Examination Act, 1981 — s. 10
- Criminal Procedure Code — s. 41(A), 438(2)
- Indian Penal Code — s. 120(B), 420
- Information Technology (Amendment) Act, 2008 — s. 67
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC 420
- criminal conspiracy
- IT Act
- Bihar Conduct of Examination Act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19430 of 2026
Arising Out of PS. Case No.-37 Year-2021 Thana- ROSERA District- Samastipur
======================================================
Ajay Kumar @ Ajay Kumar Pal S/o- Bindeshwar Raut @ Vindeshwar Raut
R/v- Govindpur Ps- Rosera Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-06-2026 1. Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 420,
120(B) of the IPC and Section 10 of the Bihar Conduct of
Examination Act, 1981 and Section 67 of information
Technology (Amendment) Act, 2008.
3. The learned counsel submits that the petitioner is a
person with clean antecedent. It is next submitted that Subham
Kumar had approached this court seeking anticipatory bail by
filing Cr. Misc. No.16921 of 2024 and the same came to
allowed by an order dated 20.04.2024. It is submitted that
petitioner like Subham Kumar was also given the benefit of
Section 41(A) of the Cr.P.C. and the petitioner during the course
Patna High Court CR. MISC. No.19430 of 2026(2) dt.19-06-2026
2/2
of investigation cooperated with the police and never misuse the
privilege but then in a mechanical manner charge sheet came to
be submitted. It is further submitted that case of the petitioner if
not akin is similar to the case of Subham Kumar.
4. Learned APP opposes the anticipatory bail
application of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the order
dated 20.04.2024 in Cr. Misc. No.16921 of 2024, the petitioner
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with Rosera P.S. Case No. 37 of 2021, subject to
the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.