Patna High Court
Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 140(2), 238, 3(5), 482(2), 61(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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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
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disclosure that he has only two criminal antecedent
(Ashok Kumar Pandey, J)
Jagdish/-
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