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Patna High Court

Ajay BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Ajay Bhagat, applied for bail in a case registered under Section 309(4) of the Bihar Negotiable Instruments Act for allegedly participating in a robbery of a bank branch. The prosecution alleged that 4-5 miscreants looted Rs. 1,19,800 and that a co-accused named the petitioner, though no material was recovered from him and no identification parade was conducted. The petitioner’s counsel argued that he was falsely implicated, had no incriminating evidence against him, and was already on bail in eight other cases. The State opposed bail, relying on the co-accused’s statement. The court, noting the absence of any recovery or solid evidence against the petitioner and the length of his custody, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, and dismissed the interim application as infructuous.

Issues considered

  • Whether bail should be granted to the petitioner under Section 309(4) of the Bihar Negotiable Instruments Act in the absence of incriminating material and identification parade.

Legislation cited

Subjects

  • bail
  • Section 309(4)
  • Bihar Negotiable Instruments Act
  • false implication
  • identification parade
  • co-accused statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60729 of 2025
                     Arising Out of PS. Case No.-15 Year-2025 Thana- BARURAJ District- Muzaffarpur
                 ======================================================
                 Ajay Bhagat S/O Daya Bhagat R/O Village- Manguraha, P.S.- Baruraj,
                 District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Santosh Kumar
                 For the Opposite Party/s :       Mr.Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   13-01-2026                  Heard learned counsel for the petitioner and learned A.P.P.

                   for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Baruraj P.S. Case No. 15 of 2025, registered for the

                   offences under Section 309(4) of the BNS.

                                3. As per the prosecution case, 4-5 miscreants at gun point

                   looted Rs. 1,19,800/- from a branch of North Bihar Gramin Bank.

                   The name of the petitioner transpired during investigation for being

                   involved in the said occurrence.

                                4. Learned counsel appearing on behalf of the petitioner

                   submits that the petitioner is innocent and has been falsely implicated

                   in this case. Nothing incriminating has been recovered from person

                   or possession of this petitioner and no Test Identification Parade was

                   done to establish the identity of the petitioner. Except for
            Patna High Court CR. MISC. No.60729 of 2025(4) dt.13-01-2026
                                                        2/2




                      confessional statement of the co-accused, no cogent material has

                      come up against the petitioner showing his involvement. The

                      petitioner is in custody since 26.03.2025 and charge sheet has been

                      submitted. The petitioner is accused in altogether nine cases but he is

                      on bail in all the cases.

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

                      submission made on behalf of the petitioner. Learned A.P.P. submits

                      that the co-accused from whom recovery of Rs. 10,000/- was made

                      has named this petitioner.

                                   6. Having regard to the fact and circumstances and

                      submission made on behalf of the parties and considering the fact

                      that no recovery has been shown from this petitioner and also

                      considering submission of charge sheet and period of custody of this

                      petitioner, the petitioner is directed to be released on bail, on

                      furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only)

                      each with two sureties of the like amount each to the satisfaction of

                      learned Judicial Magistrate-Ist Class, Court No. 5, (West), concerned

                      court Muzaffarpur/ in connection with Baruraj P.S. Case No. 15 of

                      2025.

                                   7. I. A. No. 1 of 2025 is disposed of being infructuous.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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