Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 76
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
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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
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(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
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