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Patna High Court

Ajit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and sureties, with a condition that the trial court may cancel the bail if the petitioner attempts to delay the trial.

Summary

The petitioner, Ajit Kumar, applied for regular bail in a criminal case registered under multiple sections of the BNS, 2023, alleging that he was falsely implicated in an assault on the informant's mother due to a land dispute. The petitioner claimed a clean antecedent and asserted that the informant sought to seize his land. The State opposed the bail, citing the seriousness of the offences. The court, after considering the submissions, ordered the release of the petitioner on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the trial court's discretion to cancel the bail if the petitioner attempts to delay the trial. The order emphasized that the petitioner would not abscond and would cooperate with the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under Sections 126(2), 115(2), 109(2), 329(4), 352, 351(2), 351(3) and 3(5) of the BNS, 2023.
  • Whether there is a likelihood of the petitioner absconding or tampering with the trial.

Legislation cited

  • BNS, 2023 — s. 109(2), 115(2), 126(2), 329(4), 3(5), 351(2), 351(3), 352

Subjects

  • bail
  • regular bail
  • criminal charges
  • false implication
  • land dispute
  • BNS 2023
  • sections 126 115 109 329 352 351 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6699 of 2026
                   Arising Out of PS. Case No.-13 Year-2025 Thana- NIMCHAKBATHANI District- Gaya
                 ======================================================
                 Ajit Kumar S/o Sajay Ram R/o Village - Baraini, P.S.- Nimchak Bathani,
                 District - Gaya
                                                                          ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raj Kishor Prasad, Advocate
                 For the Opposite Party/s :      Mr. Kumar Veerendra Narayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 126(2), 115(2), 109(2), 329(4),

                   352, 351(2), 351(3) and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant alleges

                   that accused persons came and petitioner along with Surendra Ram

                   assaulted his mother, namely, Mano Devi by rod and Chapra causing

                   injury on her head and thereafter the accused persons threatened and

                   said to leave the village.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant on account of dispute relating to land. It is further

                   submitted that informant and his side are trying to grab the land of

                   the petitioner by deceitful means. It is next submitted that no doubt,
           Patna High Court CR. MISC. No.6699 of 2026(2) dt.22-04-2026
                                                       2/2




                     petitioner is alleged to have assaulted the mother of the informant

                     with Surendra Ram but then petitioner is not a criminal and is in

                     custody since 09.09.2025 and charge-sheet has been submitted. It is

                     also submitted that if the privilege of regular bail is granted to the

                     petitioner, the petitioner will not abscond rather will cooperate in the

                     trial to prove his innocence.

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

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner, above-

                     named, is directed to be released on bail on furnishing bail bonds of

                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where the

                     case is pending in connection with Nimchak Bathani P.S. Case No.

                     13 of 2025.

                                  7. However, it is made clear that if the learned Trial Court

                     comes to a conclusion that the petitioner, after his release on bail, is

                     trying to delay the trial of the case in any manner, the learned Trial

                     Court shall be at liberty to cancel the bail bonds of the petitioner.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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