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Patna High Court

Ajay Kumar @ Ajay Kumar PalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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