Created by Fuzzy Cloud

Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS, subject to the conditions imposed.

Summary

The petitioner, Ajay Kumar, sought anticipatory bail after being implicated in a case involving multiple offences under the Bihar Narcotic Substances Act, 2023. He asserted that he has a clean record, is a first‑time offender, and was falsely implicated along with his family members. The State opposed the bail, arguing the seriousness of the alleged assaults. The Court examined the submissions, the petitioner’s antecedents, and the provisions of Section 482(2) of the Bihar Criminal Procedure Code, and concluded that bail could be granted subject to strict conditions, including a cash bond and sureties. The order also provided that bail could be cancelled if the petitioner failed to cooperate with the investigation. Consequently, the anticipatory bail application was allowed with conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the serious nature of the alleged offences under the BNS, 2023.
  • Whether the conditions imposed under Section 482(2) of the BNSS are sufficient to safeguard the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • clean antecedent
  • false implication
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37442 of 2026
                  Arising Out of PS. Case No.-146 Year-2026 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Ajay Kumar S/o Ashok Sah Resident of village - Bankatwa, P.S.- Paharpur,
                 Distt.- East Champaran
                                                                          ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  1. Heard learned counsel for the petitioner, Mr.

                   Hemant Ray and learned A.P.P. for the State, Mr. Zainul Abedin.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118(1), 117(2), 109(1), 76, 351(2), 352 and 3(5) of the

                   BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that accused persons including the petitioner came to his

                   house on 06.03.2026 at 06:30 PM and Khublal along with

                   Laddu held his hand while petitioner assaulted by farsa causing

                   injury on head, further petitioner also assaulted his father by

                   farsa causing injury on head, thereafter all accused assaulted his

                   brother and his wife who was pregnant.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.37442 of 2026(2) dt.18-06-2026
                                            2/3




          petitioner has been falsely implicated in the instant case along

          with his family members. It is further submitted that petitioner

          is a young boy aged about 20 years and is a person with clean

          antecedent. It is also submitted that even presuming what has

          been alleged is true without admitting then this is the first

          offence of the petitioner and if petitioner is sent to judicial

          custody, his entire career would get jeopardized and chances are

          bright that he may come in contact with hardened criminals. It is

          also fairly submitted that injury suffered by the informant has

          been opined to be grievous, but then blow is not alleged to be

          repeated. It is also submitted that injury of the father of the

          informant is not on record. It is next submitted that if privilege

          of anticipatory bail is granted, the petitioner will not abscond

          rather will cooperate in the investigation to prove his innocence.

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

          anticipatory bail application of the petitioner.

                       6. After hearing the learned counsel for the parties

          and taking into consideration the submissions made by the

          learned counsel appearing on behalf of 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. 25,000/-
            Patna High Court CR. MISC. No.37442 of 2026(2) dt.18-06-2026
                                                        3/3




                      (Rupees Twenty Five 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 with Paharpur

                      P.S. Case No. 146 of 2026 subject to the conditions as laid down

                      under Section 482 (2) of BNSS.

                                   7. One of the bailors of the petitioner shall be his

                      father namely Ashok Sah.

                                   8. However, it is made clear that in the event if the

                      Investigating Officer of the case files an application before the

                      learned Trial Court bringing to its notice that petitioner despite

                      giving assurance to this Court is not co-operating in the

                      investigation, in that event the learned Trial Court shall be at

                      liberty to cancel the bail bonds of the petitioner.

                                   9. Let a copy of this order be sent to the concerned

                      police station through the learned Trial Court.

                                   10. Accordingly, the instant anticipatory bail

                      application stands allowed.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.