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Patna High Court

Ajit Kumar @ LalluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is appropriate where the investigating agency has exonerated the accused, and the court may grant bail under Section 438(2) of the Cr.P.C.

Summary

The petitioner, Ajit Kumar, sought anticipatory bail fearing arrest in a case involving offences under several IPC sections arising from a dispute between rival gitti sellers that led to firing and injuries. He claimed a clean record and asserted that the informant falsely implicated him, noting that the police investigation (Final Form No. 1065 of 2024) exonerated him and two others. The trial court, however, took cognizance of the FIR despite the police report. The petitioner argued that it would be unjust to incarcerate him when the investigating agency had cleared him. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to bond and surety conditions under Section 438(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail can be granted under Section 438(2) of the Cr.P.C. when the investigating police report exonerates the accused.
  • Whether the court should proceed with cognizance of the FIR despite a police report clearing the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • false implication
  • police exoneration
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37096 of 2026
                   Arising Out of PS. Case No.-272 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Ajit Kumar @ Lallu S/O Late Raj Kumar Rai R/O Village- Isailpur, P.S -
                 Hajipur Sadar, District - Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashi Bhushan Singh
                 For the Opposite Party/s :       Mr. Surendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 147, 148,

                   149, 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that Nitish and Pappu had come to purchase gitti but an

                   altercation took place between rival gitti seller, on account of

                   which firing was resorted to, in which Nitish and Pappu suffered

                   firearm injury.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is next submitted that from perusal of the
Patna High Court CR. MISC. No.37096 of 2026(2) dt.17-06-2026
                                            2/3




          allegation as alleged in the FIR, it would manifest that no

          specific allegation of firing is alleged against the petitioner. It is

          also submitted that police after threadbare investigation

          submitted Final Form No. 1065 of 2024 dated 29.10.2024

          exonerating the petitioner and two others of the allegation as

          alleged in the FIR but then the learned trial court differing with

          the police report took cognizance, as such petitioner apprehends

          arrest. It is submitted that when one investigating agency after

          threadbare investigation came to a considered conclusion that

          petitioner is innocent, whether it would be prudent for the court

          to send the petitioner to jail based on an order of cognizance,

          which came to be taken, based on the same police report which

          exonerated the petitioner of the allegation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of the learned trial

          court where the case is pending/successor court in connection
             Patna High Court CR. MISC. No.37096 of 2026(2) dt.17-06-2026
                                                         3/3




                       with Sadar Hajipur P.S. Case No.272 of 2024, subject to the

                       conditions as laid down under Section 438 (2) of the Cr.P.C.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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