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Patna High Court

Ajay Kumar @ Ajay BaithaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Ajay Kumar Baitha, was accused in a kidnapping‑for‑ransom case (Bela P.S. Case No. 23 of 2023) that also involved charges of murder, concealment of evidence and criminal conspiracy under Sections 364A, 302, 201, 120B and 201/34 of the Indian Penal Code. The prosecution alleged that the petitioner was one of several accused who abducted the informant's son and demanded a ransom, while the petitioner claimed innocence and that the mobile phone evidence was linked to another co‑accused. The petitioner’s counsel highlighted that no witness had yet been examined and that a co‑accused had already been granted bail in a similar case. The State opposed bail, emphasizing the seriousness of the offences. After considering the length of the petitioner’s custody, the lack of trial progress, and the precedent of bail to a co‑accused, the Court decided to grant bail. The bail was set at a cash bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner despite the grave nature of the offences charged

Legislation cited

Subjects

  • bail
  • kidnapping for ransom
  • murder
  • criminal conspiracy
  • Indian Penal Code
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67198 of 2025
                         Arising Out of PS. Case No.-23 Year-2023 Thana- BELA District- Sitamarhi
                 ======================================================
                 Ajay Kumar @ Ajay Baitha S/O Dev Narayan Safi Resident of Village-
                 Musaharniya, P.S.- Parihar, Dist- Sitamarhi.
                                                                     ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr.Md. Aslam Ansari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   16-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                                2. The petitioner seeks bail in connection with Bela

                   P.S. Case No. 23 of 2023 instituted for the offences under

                   Sections 364A, 302, 201, 120B and 201/34 of the Indian Penal

                   Code.

                                3. The prosecution case in brief is that the deceased,

                   who is son of the informant apprised the informant on phone

                   that he is going with his friend Rohit Kumar by a pulsar

                   motorcycle, but son of the informant did not return and his

                   mobile was found switched off mode. Later informant come to

                   know that his son had gone across the border along with his

                   friends. The informant received call from the mobile of his son

                   and Rs. 50 lakhs ransom was demanded in lieu of release of his
Patna High Court CR. MISC. No.67198 of 2025(3) dt.16-01-2026
                                            2/3




          son. The caller threatened to kill his son, if the ransom amount

          would not be paid. On request of the informant, the phone caller

          agreed to release his son on ransom of Rs. 20 lacs. The mobile

          phone of the caller become switched off. Thereafter, informant

          went at the house of Krishna Pandit and on interrogation, he

          disclosed that son of the informant was kidnapped for ransom

          by Sujeet Bhandari, Ram Ishwar Paswan, Sunil Sahni, Sarfaraj,

          Azad Master, Ajay Baitha (petitioner), Indrajit Baitha and Vijay

          Kumar Tiwari.

                       4. Learned counsel for the petitioner submitted that

          petitioner is innocent and has not committed any offence and he

          has falsely been implicated in this case. He further submitted

          that the alleged mobile was found in the name of another

          person, but the same was used by co-accused Vijay Kumar

          Tiwary. Learned counsel further submitted that charge has been

          framed against the petitioner and others on 25.07.2024,

          04.04.2024 and 29.07.2024, but as yet not a single witness has

          been examined which is evident from the impugned order itself.

          Other similarly situated co-accused has been granted bail vide

          order dated 10.10.2025 passed in Cr. Misc. No. 60900 of 2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances
           Patna High Court CR. MISC. No.67198 of 2025(3) dt.16-01-2026
                                                       3/3




                     of the case, period of custody of the petitioner, this Court is

                     inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bela P.S. Case No.

                     23 of 2023.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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