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Patna High Court

Ajit Kumar Anand @ Avadiya @ Awadesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, directing his release on bond subject to statutory conditions.

Summary

The petitioner, Ajit Kumar Anand, was named in a 2020 FIR for murder and concealment of evidence (IPC Sections 302 and 201) after a four‑and‑a‑half‑year investigation based on a co‑accused's confession. He sought anticipatory bail, arguing that the investigation was essentially complete and he had a clean antecedent. The State opposed the bail. The court noted that the petitioner’s name surfaced only after a long delay and that the investigation appeared concluded, finding no need for further interrogation. Accordingly, the court granted anticipatory bail, directing release on a bond of Rs.10,000 with two sureties and subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted when the petitioner’s name appears in the FIR after a prolonged period based on a co‑accused’s confession.
  • Whether the investigation is sufficiently concluded to preclude further interrogation of the petitioner.
  • Whether the conditions under Section 438(2) CrPC and Section 482(2) BNSS 2023 justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • IPC Section 302
  • IPC Section 201
  • confession of co‑accused
  • delay in investigation
  • bail conditions
  • CrPC
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70861 of 2025
                      Arising Out of PS. Case No.-72 Year-2020 Thana- KAJRAILI District- Bhagalpur
                 ======================================================
                 Ajit Kumar Anand @ Avadiya @ Awadesh Yadav, S/o Sitaram Yadav,
                 Resident of Village-Mansar, P.S- Madusudanpur, Distt.- Bhagalpur.
                                                                                ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rishup, Advocate
                                                   Mr. Manoj Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   09-01-2026                  Heard learned counsel for the petitioner

                   and learned Additional Public Prosecutor for the

                   State.

                                2. The accused/petitioner is named in the

                   FIR and apprehending his arrest in connection with

                   Kajraili P.S. Case No.72 of 2020 registered under

                   Sections 302 and 201 of the Indian Penal Code.

                                3.      As per FIR, a headless body of unknown

                   lady was recovered by Rajendra Paswan, who is the

                   Choukidar of Circle No.2 and informant of present

                   case. The dead body appears 6-7 days old was

                   almost decomposed. A suspicion raised through FIR

                   that after committing murder somewhere else, the

                   dead body was thrown at the place from where it
Patna High Court CR. MISC. No.70861 of 2025(4) dt.09-01-2026
                                            2/3




          was recovered, with intention to disappear the

          evidence regarding crime in question.

                       4.       It is submitted by learned counsel

          appearing for petitioner that the name of petitioner

          transpired in this case after four and half years of

          lodging        of     the       FIR      during      the    course   of

          investigation           on       the      basis      of    confessional

          statement of co-accused Sanjay Mandal. It is

          submitted that several co-accused persons and

          even the husband of deceased has been granted

          bail by this Court and, therefore, investigation of

          this case is almost concluded on all material

          aspects, no further interrogation of petitioner is

          required. The petitioner claimed clean antecedent.

                       5.     Learned APP opposed the prayer of

          anticipatory bail.

                       6. In view of aforesaid factual submissions

          and by taking note of fact as the name of the

          petitioner prima facie appears in this case after

          about four and half years of lodging of the FIR that

          too on the basis of confessional statement of co-

          accused, where almost investigation prima facie
         Patna High Court CR. MISC. No.70861 of 2025(4) dt.09-01-2026
                                                     3/3




                   appears         concluded           on      all      material   aspects,

                   accordingly, the petitioner, above-named, in the

                   event of his arrest or surrender in the court below

                   within a period of four weeks from today, is

                   directed to be released on bail on furnishing bail

                   bond of Rs.10,000/- (Rupees Ten Thousand) with

                   two sureties of the like amount each to the

                   satisfaction of the learned Chief Judicial Magistrate,

                   Bhagalpur in connection with Kajraili P.S. Case

                   No.72 of 2020, subject to the conditions as laid

                   down under Section 438(2) of the Code of Criminal

                   Procedure (in short ‘CrPC’)/under Section 482(2) of

                   the Bhartiya Nagrik Suraksha Sanhita, 2023 (in

                   short ‘BNSS’).


                                                    (Chandra Shekhar Jha, J.)
    Sanjeet/-

U    T


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