Created by Fuzzy Cloud

Patna High Court

Ajay Kumar @ Ajay BasforversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.