Patna High Court
Ajay Kumar @ Ajay Kumar AmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted subject to stringent conditions despite the lack of direct FIR naming and the presence of a prior criminal antecedent.
Summary
Ajay Kumar sought bail in a robbery case (Section 394 IPC) where he was not named in the FIR but was implicated through a co-accused's confessional statement. The prosecution opposed bail, citing a prior criminal antecedent and the seriousness of the alleged offence. The petitioner argued innocence, asserting lack of any material evidence besides the confession. The court examined the applicability of Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, and considered the absence of his name in the FIR. It held that bail could be granted provided strict conditions are fulfilled, including a cash bond, sureties, cooperation with the trial, and verification of antecedents. Consequently, the court ordered the petitioner’s release on bail with specified conditions.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR but is implicated solely by a co-accused's confessional statement
- Applicability of Section 438(2) of the Code of Criminal Procedure to the present case
- Impact of the accused's prior criminal antecedent on the grant of bail
- Whether the conditions imposed under Section 482(2) of BNSS, 2023 are appropriate
Legislation cited
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- Section 394 IPC
- confessional statement
- co-accused
- criminal antecedent
- Section 438 CrPC
- Section 482 BNSS
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3542 of 2026
Arising Out of PS. Case No.-139 Year-2022 Thana- JANDAHA District- Vaishali
======================================================
Ajay Kumar @ Ajay Kumar Aman S/o Awadhesh Singh R/o Village- Araniya,
P.S.- Jandaha, Distt- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghwendra Pratap Singh, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-02-2026 Heard Mr. Raghwendra Pratap Singh, learned counsel
for the petitioner and Mr. Satya Nand Shukla, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Jandaha P.S. Case No. 139 of 2022, F.I.R. dated
10.05.2022 for the offences punishable under Section 394 of the
Indian Penal Code.
3. According to prosecution case, accused persons and
petitioner are alleged to have entered into the office of the
informant and on point of pistol snatched Rs. 5500/- and golden
locket of informant and one Maniraj and other articles.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the petitioner is not named
Patna High Court CR. MISC. No.3542 of 2026(2) dt.17-02-2026
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in the FIR and the name of this petitioner has been transpired
during investigation on the basis of confessional statement of
co-accused Abhishke Kumar @ Bojha. He further submits that
except confessional statement, no other cogent material has
come during investigation to suggest the involvement of the
petitioner in the present occurrence.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one criminal antecedent other than the present one but fairly
submits on the basis of paragraph 3 of the bail petition that the
petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances,
petitioner is not named in the FIR, the name of the petitioner
transpired during investigation on the basis of confessional
statement of co-accused person, let the petitioner, above named,
in the event of his arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, 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 Judicial Magistrate, 1st Class,
Vaishali, Hajipur, in connection with Jandaha P.S. Case No. 139
of 2022, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.3542 of 2026(2) dt.17-02-2026
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438(2) of the Code of Criminal Procedure/Section 482(2) of
BNSS, 2023 and with other 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 her absence on two consecutive dates without sufficient
reason, her 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)
Ranjeet/-
U T
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