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Patna High Court

Ajay Kumar Singh @ Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, subject to conditions, under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioner, Ajay Kumar Singh, feared arrest in a kidnapping case (PS Balia Belone Case No. 72 of 2024) involving alleged offences under Sections 363, 366A and 34 of the Indian Penal Code. He contended that he was innocent and that the victim was in a relationship with another individual, Chhotu Kumar, who had already been granted anticipatory bail, and that no direct allegation was made against him. The State opposed the bail application. After considering the submissions and the lack of direct incriminating material against the petitioner, the Court allowed the anticipatory bail application. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code, and to surrender within four weeks if arrested.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the CrPC in view of the allegations under Sections 363, 366A and 34 of the IPC.
  • Whether the absence of a direct allegation against the petitioner justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • Indian Penal Code
  • Criminal Procedure Code
  • Section 482
  • bail conditions
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64612 of 2025
                     Arising Out of PS. Case No.-72 Year-2024 Thana- BALIA BELON District- Katihar
                 ======================================================
                 Ajay Kumar Singh @ Ajay Kumar S/o- Chetu Singh @ Chaita Singh @
                 Chaitu Singh R/o Village- Siz Tola Sadapur Salmari P.S. Balia Belone
                 District- Katihar

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Asifa Khatoon W/o- Md. Raju Village- Rasalpur Ps- Balia Belone Dist-
                 Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar Mandal
                 For the Opposite Party/s :       Ms. Rina Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   09-03-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Balia Belone P.S. Case No. 72 of 2024 registered for offences

                   under Sections 363, 366A/34 of the Indian Penal Code.

                                3. As per the prosecution case, the petitioner is

                   accused of kidnapping the victim girl.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that from the persual of the statement of the

                   victim girl it is evident that she was in relationship with one

                   Chhotu Kumar, who has been granted anticipatory bail by a co-
            Patna High Court CR. MISC. No.64612 of 2025(4) dt.09-03-2026
                                                        2/2




                      ordinate Bench of this Court vide order dated 02.07.2025 in Cr.

                      Misc. No. 90253 of 2024. He further submits that there is no

                      direct allegation against the petitioner.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the facts and circumstances of the case

                      and the submissions of the parties, this application for

                      anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Court below

                      where the case is pending/successor Court in connection with

                      Balia Belone P.S. Case No. 72 of 2024 subject to the conditions

                      as laid down under Section 482(2) of the BNSS.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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