Patna High Court
Ajay Kumar @ Ajay BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Indian Penal Code — s. 120B, 201, 201/34, 302, 364A
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
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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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