Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 190, 191(2), 3(5), 351(2), 352
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.
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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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