Patna High Court
Ajay Kumar @ Ajay BasforversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, finding that the prosecution’s case lacks sufficient direct evidence.
Summary
Ajay Kumar was arrested on 15 July 2025 in connection with a theft case (PS Case No. 605 of 2024) alleged under Sections 305 and 331(4) of the B.N.S. The prosecution’s case is based solely on a confessional statement of a co‑accused; the petitioner’s name does not appear in the FIR and no material has been recovered from his possession. The petitioner contended that he is innocent and that no tip‑off or other evidence links him to the offence. The State opposed bail, highlighting twelve prior criminal antecedents, though noting that the petitioner is already on bail in those matters. The court, considering the lack of direct evidence and the fact that the charge arose only from the co‑accused’s statement, granted bail subject to a cash bond and several conditions, including cooperation with the trial and verification of his antecedents.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and the only evidence is a co‑accused’s confessional statement.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- B.N.S. — s. 305, 331(4)
Subjects
- bail
- criminal antecedents
- confessional statement
- theft
- Section 305
- Section 331(4)
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2026 of 2026
Arising Out of PS. Case No.-605 Year-2024 Thana- BHAGWAN BAZAR District- Saran
======================================================
Ajay Kumar @ Ajay Basfor S/o Late Mithai Ram Resident of Village- Sarkari
Bazar Indira Nagar, P.S.- Chapra Town, Dist.- Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Sanjeet Kumar Singh, learned counsel for
the petitioner and Mrs. Dr. Indiwar Kumari, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.07.2025 in connection with Bhagwan Bazar P.S. Case No.
605 of 2024, F.I.R. dated 26.11.2024 for the offences punishable
under Sections 305 and 331(4) of the B.N.S.
3. According to prosecution case, unknown
miscreants are alleged to have committed theft of articles worth
Rs. 50,000/- and Rs. 10,000/- in cash from the house of the
informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The petitioner is not named in the FIR. The name
of the petitioner has transpired on the basis of the confessional
Patna High Court CR. MISC. No.2026 of 2026(2) dt.20-01-2026
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statement of the co-accused person and except the aforesaid no
other material has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence. Nothing has been recovered from the
conscious possession of the petitioner and till date no TIP has
been conducted by the prosecution. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 15.07.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries twelve criminal antecedents other
than the present one but fairly submits that the petitioner is on
bail in all the pending matters.
6. Considering the aforesaid facts and circumstances
that petitioner is not named in the FIR and his name has
transpired on the basis of the confessional statement of the co-
accused person and till date no TIP has been conducted by the
prosecution, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-II, Saran at Chapra
in connection with Bhagwan Bazar P.S. Case No. 605 of 2024,
Patna High Court CR. MISC. No.2026 of 2026(2) dt.20-01-2026
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subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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