Patna High Court
Ajay Sardar @ Ajay Kumar @ Ajay Kumar SardarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail as the evidence against him is insufficient and he has no criminal antecedent, consistent with bail granted to co‑accused.
Summary
Ajay Sardar was arrested in connection with a robbery and dacoity alleged under Section 395 of the IPC and Section 27 of the Arms Act. The prosecution’s case relied mainly on the presence of a mobile SIM, registered to Mamta Devi, whose location was near the crime scene on the date of the incident. The petitioner contended that the SIM belonged to Ms. Devi, no weapon or stolen property was recovered from him, and he had no prior criminal record. The court noted that similar co‑accused had been granted bail in earlier proceedings (Cr. Misc. Nos. 76031 of 2023 and 45685 of 2025). Considering the lack of substantive evidence, the petitioner’s clean antecedents, and the precedent of bail to co‑accused, the court ordered his release on regular bail upon furnishing a bond with sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under IPC Section 395 and Arms Act Section 27.
- Whether the location evidence of a mobile SIM is sufficient to justify denial of bail.
- Whether the petitioner’s lack of criminal antecedents and the bail granted to co‑accused warrant granting bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 395
Subjects
- bail
- IPC 395
- Arms Act 27
- criminal procedure
- SIM evidence
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42166 of 2026
Arising Out of PS. Case No.-54 Year-2022 Thana- TRIVENIGANJ District- Supaul
======================================================
Ajay Sardar @ Ajay Kumar @ Ajay Kumar Sardar S/o Shatrudhan Sardar
Resident of village - Mahadipur, Ward No. 05, Police Station - Chhatapur,
District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 395 of IPC
and Section 27 of the Arms Act.
3. The case of the prosecution is that some unknown
miscreants came on motorcycles, who are armed with weapon
overtook the vehicle of the informant and looted Rs. 1,95,000/-,
mobile and other documents of the informant. They also made
fire in the air.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the FIR was lodged
Patna High Court CR. MISC. No.42166 of 2026(2) dt.30-06-2026
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against unknown miscreants. During course of investigation,
one mobile number of Mamta Devi was found and it is alleged
that the same was being used by the petitioner and its location
was found near the place of occurrence on the date of the
occurrence. Learned counsel has submitted that this sim belongs
to one Mamta Devi and she is not the user of the said mobile
number. It has further been submitted that the only evidence is
that the location of the said sim was found near the place of
occurrence, is not sufficient to implicate the petitioner in this
case. Nothing has been recovered from the possession of the
petitioner. Similarly situated co-accused persons have already
been granted bail by learned co-ordinate Bench of this Court
vide Cr. Misc. Nos. 76031 of 2023 and 45685 of 2025.
Moreover, the petitioner is languishing in judicial custody since
17.04.2026 having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Triveniganj P.S. Case No. 54 of 2022 on furnishing bail bond of
Patna High Court CR. MISC. No.42166 of 2026(2) dt.30-06-2026
3/3
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Supaul.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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