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Patna High Court

Ajit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to bond and attendance conditions.

Summary

Ajit Kumar was arrested in connection with a police case alleging assault and possession of a firearm, based on a co-accused's confessional statement, although his name does not appear in the FIR. The petitioner argued that he was falsely implicated, had no specific overt act alleged against him, and possessed a clean criminal record, having been in custody since 18‑12‑2025. The State opposed bail, citing the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The Court, considering the lack of specific allegations, the principle of parity, and the length of custody, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of regular police‑station attendance and verification of antecedents. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite serious charges under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act.
  • Whether the petitioner’s alleged false implication and lack of specific overt act justify bail.
  • Whether the petitioner’s clean antecedent and period of custody warrant the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • false implication
  • clean antecedent
  • police custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20012 of 2026
                         Arising Out of PS. Case No.-84 Year-2025 Thana- KHAIRA District- Saran
                 ======================================================
                 Ajit Kumar Son of Ashok Kumar Ray R/o Village - Tetarpur, P.S. - Khaira,
                 Dist. - Saran.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shambhu Prasad Yadav
                 For the Opposite Party/s :        Mr.Zainul Abedin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Khaira

                   P.S. Case No. 84 of 2025 instituted for the offences under

                   Sections 126(2), 115(2), 191(2), 190, 352, 351(2), 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 35 of

                   the Arms Act.

                                3. As per allegation in the FIR, petitioner along with

                   other accused persons is alleged to have assaulted the informant.

                   In the meanwhile, when villagers came there, all the accused

                   persons managed to ran away but one of the accused, namely,

                   Ritesh Rai, has been caught by the villagers and handed over to

                   police with one pistol.

                                4. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.20012 of 2026(2) dt.01-04-2026
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          the petitioner has falsely been implicated in the present case.

          Petitioner is not named in the F.I.R. The name of the petitioner

          transpired in this case on the basis of confessional statement of

          the co-accused Ritesh Rai who has already been granted bail by

          a coordinate Bench of this Court vide order dated 27.08.2025

          passed in Cr. Misc. No. 59136 of 2025. Learned counsel for the

          petitioner submits that general and omnibus allegation has been

          made against the petitioner. No specific overt act is alleged

          against the petitioner. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 18.12.2025 and

          has no criminal antecedent.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, claim based on parity as also the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 10,000/- ( Rupees ten Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Khaira P.S. Case No.

          84 of 2025.
          Patna High Court CR. MISC. No.20012 of 2026(2) dt.01-04-2026
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                                 8. As a condition of this order, the petitioner after

                    being released on bail is directed to mark his attendance at

                    Khaira Police Station on first and third Sunday of each month.

                    Any default in appearance at the police station will result in

                    cancellation of bail bonds of the petitioner.

                                 9. As the petitioner claims to have clean antecedent,

                    the Court below, before accepting the bail bonds of the

                    petitioner is directed to verify the antecedent of the petitioner. If

                    the petitioner is found to be involved in any other case then the

                    bail bonds of the petitioner shall not be accepted.

                                 10. It is, however, clarified that the observations made

                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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