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Patna High Court

Vishal Kumar @ Ajay Ray @ Ajay RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court held that the petitioner is entitled to regular bail subject to bond and surety conditions.

Summary

The petitioner, Vishal Kumar (also known as Ajay Ray), was arrested in connection with a contract‑killing case involving the murder of the informant’s brother, alleged under Sections 326, 307, 120B, 302 of the IPC and Section 27 of the Arms Act. He contended that he was falsely implicated, that the only incriminating material was the confessional statements of co‑accused, and that he had been in custody for over a year due to a vacant trial court. The State, supported by the informant, opposed bail, relying on the Supreme Court’s cancellation of an earlier bail order in S.L.P. (Crl.) No. 9375/2024. The High Court examined whether the change in circumstances – prolonged trial and court vacancy – justified a fresh bail application despite the serious nature of the offences. Finding no substantive evidence of the petitioner’s participation beyond the co‑accused statements and noting the procedural delay, the Court granted regular bail on condition of a Rs 10,000 bond with two sureties and compliance with trial‑court appearances. The order also warned that any non‑appearance could lead to cancellation of bail.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences and prior Supreme Court cancellation of bail.
  • Whether the delay in trial and vacancy of the trial court constitute a change in circumstances justifying bail.
  • Whether the lack of material evidence against the petitioner, apart from co‑accused confessions, warrants bail.

Legislation cited

Subjects

  • bail
  • contract killing
  • IPC
  • Arms Act
  • trial delay
  • court vacancy
  • Supreme Court cancellation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29528 of 2026
                      Arising Out of PS. Case No.-632 Year-2023 Thana- PATLIPUTRA District- Patna
                 ======================================================
                 Vishal Kumar @ Ajay Ray @ Ajay Rai, aged about 37 years, Son of Mohan
                 Rai, Resident of Bal Kishun Complex, Near Central Bank, Rajeev Nagar PS-
                 Rajeev Nagar District- Patna, at present residing at Mohalla- Kurji Balu Par
                 PS- Digha District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Pramod Kumar, Advocate
                 For the State           :        Mr. Narendra Kumar Singh, APP
                 For the Informant       :        Mr. Himanshu Ranjan, Advocate
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

3   15-05-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner seeks bail in connection with

                   Sessions Trial No. 521 of 2025 arising out of Patliputra P.S.

                   Case No. 632 of 2023 instituted for the offences punishable

                   under Sections 326, 307, 120B, 302 of the Indian Penal Code

                   and Section 27 of the Arms Act.

                                 3. As per allegation in the FIR, it is a case of contract

                   killing and the petitioner along with other co-accused persons

                   came on motorcycles and fired shot the brother of the informant

                   thereafter he died.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29528 of 2026(3) dt.15-05-2026
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          petitioner has falsely been implicated in this case. He next

          submits that save and except, the confessional statement of co-

          accused persons, there is no other material on record to show the

          complicity of the petitioner in the alleged occurrence. Petitioner

          has got twenty three criminal antecedents as stated in para-3 of

          the petition and he is in custody since 27.01.2025. He next

          submits that earlier the prayer for bail of this petitioner was

          rejected by this Court Apex Court in SLP (Crl.) No. 9375 of

          2024. He next submits that the trial of the petitioner is pending

          before the concerned trial Court because the concerned Trial

          Court is vacant.

                        5. Learned APP for the State and learned counsel for

          the informant opposed the prayer for regular bail of the

          petitioner.

                        6. From perusal of the FIR and impugned order of the

          learned District and Additional Sessions Judge-1st Patna dated

          09.12.2025, it also appears that the opinion of the Hon’ble Apex

          Court ‘Respondent No.2, Vishal Kumar @ Ajay Ray, will be

          entitled to file a fresh application for grant of bail in case of a

          change in circumstances or if the trial gets prolonged due to

          reasons not attributable to respondent No.2, Vishal Kumar @

          Ajay Ray, or the co-accused’ the order of Hon’ble Supreme
Patna High Court CR. MISC. No.29528 of 2026(3) dt.15-05-2026
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          Court in S.L.P. (Crl.) No. 9375 of 2024, the Supreme Court of

          India cancelled the bail of the petitioner which was earlier

          granted bail by this Court vide order dated 10.04.2024 passed in

          Cr. Misc. No. 14021 of 2024. Petitioner is in custody since

          27.01.2025, i.e., more than one year and thereafter passed the

          Hon’ble Apex Court’s observation, the learned District &

          Additional Sessions Judge-I, Patna dated 15.03.2026, ‘a petition

          has been filed by learned counsel for the State praying therein to

          defer the judgment and grant one week time to file some

          documents and also for making argument on certain important

          points and all the counsels for defence are present in the court.

          Learned counsel for accused persons, namely, Ajay Rai @

          Vishal Kumar @ Md. Raja, Md. Imran & Md. Kyosh has

          submitted that the accused persons, namely, (1) Ajay Rai @

          Vishal Kumar, (2) Md. Raja & (3) Md. Imran are in custody and

          further submitted that no copy of such petition has been

          supplied to them, the state has been given ample opportunities

          for producing the evidence as well as for arguments. After

          conclusion of the argument of defence, the State has filed some

          rulings as well as its written arguments also and thereafter on

          the request of State, case was fixed for judgment and today’s

          date is fixed for pronouncement of judgment and filing such
            Patna High Court CR. MISC. No.29528 of 2026(3) dt.15-05-2026
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                      petition by the State indicates the delaying tactics reason best

                      known to them, such petition is vague.’ as also the fact that

                      similarly situated co-accused Santosh Kumar has been granted

                      bail by this Court passed in Cr. Misc. No.6309 of 2024 and also

                      the fact that both parties have stated that at present, the

                      concerned Court where trial is going on is currently vacant.

                                   7. In view of the above facts, let the above named

                      petitioner be released on regular bail on furnishing bail bonds of

                      Rs. 10,000/- (Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Sessions Judge-

                      Ist, Patna in connection with Sessions Trial No.521 of 2025

                      arising out of Patliputra P.S. Case No. 632 of 2023, subject to

                      the condition that the petitioner shall present before the learned

                      trial Court on each and every date as fixed by the learned trial

                      Court till pronouncement of the judgment and if any single date

                      is absented by the petitioner, then the trial Court shall be at

                      liberty to cancel the bail bonds of the petitioner.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.
U     T


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