Patna High Court
Ajay BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 309(4)
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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