Patna High Court

Ajay Nishad @ Ajay KumarversusThe State of Bihar

Decided: 9 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Ajay Nishad, applied for anticipatory bail fearing arrest in a train‑theft case (Bhagalpur G.R. P.S. Case No. 79 of 2025) under Sections 305(b) and 105 of the BNS. The prosecution alleged that the petitioner was implicated based on a confessional statement of a co‑accused, though no material was recovered from him and no Test Identification Parade was conducted. The petitioner argued innocence, citing that the FIR was against unknown miscreants and that the only incriminating evidence was the co‑accused’s statement. The State opposed bail, highlighting the petitioner’s two prior criminal antecedents. After considering the circumstances, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to Sections 438(2) of the Cr.P.C. and 482(2) of the BNS.

Issues considered

Whether anticipatory bail should be granted under Section 438 of the Cr.P.C. in view of the evidence against the petitioner
Whether the confessional statement of a co‑accused suffices to deny bail
Impact of the petitioner’s prior criminal antecedents on the bail application
Whether the absence of a Test Identification Parade affects the bail decision

Legislation cited

Code of Criminal Procedure, 1973 — s. 438

Subjects

anticipatory bail
Section 438 Cr.P.C.
confessional statement
prior criminal antecedents
train theft
bail conditions
Test Identification Parade
Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4046 of 2026
                   Arising Out of PS. Case No.-79 Year-2025 Thana- BHAGALPUR GRP CASE District-
                                                        Bhagalpur
                 ======================================================
                 Ajay Nishad @ Ajay Kumar S/O Mahesh Prasad R/O Village- Lailakh, P.S.-
                 Sabour, District- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ranjan Kumar Jha, Advocate
                 For the Opposite Party/s :     Mr.Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed         by the petitioner apprehending his arrest in

                   connection with Bhagalpur G.R.              P.S. Case no. 79 of 2025

                   instituted for the offence under Sections 305 (b), 105 of the

                   BNS.

                                3. The case of the prosecution is that while the

                   petitioner was returning with his family by train, some unknown

                   miscreants entered the train and took away a bag containing Rs.

                   300/-, a mobile containing a JIO Sim and some other valuable

                   documents.

                                4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.4046 of 2026(2) dt.09-02-2026
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          that petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that

          from perusal of the FIR, it is clear that the FIR was against

          unknown miscreants. During the course of investigation, one co-

          accused, namely Chotu @ Amaniya has given his confessional

          statement and the name of the petitioner has surfaced on the

          basis of the said statement. It is further submitted that nothing

          has been recovered from the possession of this petitioner. It is

          contended that save and except the said confessional statement,

          nothing has come against this petitioner to implicate him. It is

          further contended Test Identification Parade (TIP) was not

          conducted.

                       5. Learned APP appearing for the State opposed the

          prayer of bail of the petitioner stating that the petitioner has two

          criminal antecedents.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of his arrest or surrender

          in connection with Bhagalpur G.R. P.S. Case no. 79 of 2025, he

          will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
            Patna High Court CR. MISC. No.4046 of 2026(2) dt.09-02-2026
                                                        3/3




                      (Rupees ten thousand) with two sureties of the like amount each

                      to the satisfaction of learned ACJM cum Railway Magistrate,

                      Bhagalpur, subject to the conditions as laid down under section

                      438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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