Patna High Court
Ajit Kumar Anand @ Avadiya @ Awadesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 201, 302
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
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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
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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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