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Patna High Court

Ajeet KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions and verification of his antecedents.

Summary

The petitioner, Ajeet Kumar, filed an anticipatory bail application fearing arrest in a kidnapping‑ransom‑murder case (PS case no. 93 of 2025) alleged under Sections 140(2), 61(2), 103(1), 238 and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution alleges that the informant’s brother was abducted, a ransom of Rs.5 lakh was demanded, and the victim was later found dead. The petitioner contends he was falsely implicated based on a co‑accused’s confessional statement, that the cause of death was ante‑mortem drowning, and that he has only two prior criminal cases, not the eight attributed to him. The trial court had denied bail on the ground of alleged criminal antecedents. The High Court, after hearing both sides, held that the petitioner’s antecedents were minimal and the evidence insufficient to deny bail, and therefore granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and verification of antecedents by the trial court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the allegations and his criminal antecedents.
  • Whether the petitioner’s alleged involvement in eight criminal cases is accurate or pertains to co‑accused, affecting bail eligibility.
  • Whether the provisions of Section 482(2) of the Bihar Narcotic Substances Act, 2023, permit the trial court to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • ransom
  • murder
  • criminal antecedents
  • Section 438 CrPC
  • Section 482 BNSS
  • bail conditions
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22525 of 2026
                  Arising Out of PS. Case No.-93 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
                 ======================================================
                 Ajeet Kumar S/O Mantun Singh @ Ram Subhak Singh R/O Village-
                 Maheshwara, PS- Manjahul, District- Begusarai, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Apurv Harsh, Advocate
                                                 Mr. Raghav Raj, Advocate
                                                 Mr. Himanshu Kumar, Advocate
                 For the Opposite Party/s :      Mr.Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The instant application for anticipatory bail has

                   been filed           by the petitioner apprehending his arrest in

                   connection with Lohiyanagar                 P.S. Case no. 93 of 2025

                   instituted for the offence under Sections 140 (2), 61 (2), 103

                   (1), 238 and 3 (5) of the BNS, 2023.

                                 3. The prosecution case, in short, is that the brother of

                   the informant had gone to fetch vegetables along with Guddu

                   Paswan and did not return for a considerable period of time. The

                   informant called Guddu Paswan on his mobile phone and was

                   informed that his brother had been kidnapped and a ransom of

                   Rs. 5 lakh was being demanded. Guddu Paswan further
Patna High Court CR. MISC. No.22525 of 2026(2) dt.08-05-2026
                                            2/4




          disclosed that Bhola Mahato had gone somewhere in a vehicle

          from Smot Point and had made a call asking the informant to

          come with Rs. 5 lakh. Subsequently, the dead body of the

          deceased was recovered.

                       4. Learned counsel for the petitioner has submitted

          that petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that

          the FIR was initially lodged against unknown miscreants and

          the case remained under investigation. During the course of

          investigation, the name of the petitioner transpired on the basis

          of the confessional statement of co-accused Saurabh Kumar.

          Referring to the said confessional statement, learned counsel

          submits that it appears that the deceased had allegedly arranged

          Rs. 7 lakh, although Rs. 5 lakh had been demanded, but had

          informed the accused persons that he was not carrying the cash

          at that time. It is further alleged that thereafter, the petitioner,

          along with other co-accused persons, arrived in a car and

          assaulted the deceased.

                       5. Learned counsel for the petitioner has further

          submitted that, from perusal of the post-mortem report, it

          transpires that the cause of death has been opined to be ante-

          mortem drowning. It is also submitted that the learned trial court
Patna High Court CR. MISC. No.22525 of 2026(2) dt.08-05-2026
                                            3/4




          rejected the anticipatory bail application of the petitioner solely

          on the ground of criminal antecedents and recorded that the

          petitioner was involved in eight criminal cases. However, from

          perusal of the case diary, it appears that the eight criminal cases

          pertain to co-accused Ankith, whereas the petitioner has only

          two criminal antecedents.

                       6. Learned APP has vehemently opposed the prayer

          for anticipatory bail of the petitioner.

                       7. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of his arrest or surrender

          in connection with Lohiyanagar P.S. Case no. 93 of 2025, he

          will be enlarged on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees ten thousand) with two sureties of the like amount each

          to the satisfaction of learned Chief Judicial Magistrate,

          Begusarai/concerned Court, subject to the conditions as laid

          down under section 438(2) of the Cr.P.C/ Section 482 (2) of the

          BNSS, subject to the condition that, at the time of furnishing

          bail bonds, the antecedents of the petitioner shall be duly

          verified by the learned trial court, particularly in light of his
            Patna High Court CR. MISC. No.22525 of 2026(2) dt.08-05-2026
                                                        4/4




                      disclosure that he has only two criminal antecedent



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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