Patna High Court
Ajit Kumar Choudhary @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
The petitioner, Ajit Kumar Choudhary, was arrested in connection with a robbery of a tempo, alleged under Sections 309(4) and 310(2) of the Bhartiya Nyaya Sanhita, 2023. The prosecution relied on call‑detail records and the confession of co‑accused, leading to seizure of the tempo's engine near a co‑accused's house. The petitioner contended that he was falsely implicated, had no prior criminal record, and pointed out that other co‑accused had already been granted regular bail. The State opposed the bail application, arguing the seriousness of the offences. After considering the facts, the court granted bail on a cash bond of Rs.10,000 with two sureties and imposed several conditions, including regular court appearances and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 309(4) and 310(2) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 309(4), 310(2)
Subjects
- bail
- robbery
- Bhartiya Nyaya Sanhita
- criminal procedure
- pre‑trial detention
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71340 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Ajit Kumar Choudhary @ Ajit Kumar, Son of Sh. Ashok Kumar Choudhary
Resident of Village - Mathurapur, Ward No.- 3, P.O.- Ashinchak, P.S.-
Dalsingsarai, District - Samastipur (Bihar) 848114.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aaruni Singh, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Dalsingsarai P.S. Case No. 23 of 2025 dated 21.01.20255,
instituted for the offence punishable under Sections 309(4), 310(2)
of Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that one Tempo was
hired by unknown miscreants and it is alleged that after taking the
tempo to a secluded place, the accused persons looted the tempo,
Rs. 800/- cash and a mobile phone of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner further submits that the
name of the petitioner has surfaced on the basis of CDR. The
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police raided the house of the petitioner and arrested him and on
his confession, the other accused persons have been made accused
in this case. On the basis of confessional statement of the
petitioner, the engine of the tempo was seized near the house of
co-accused Dharmendra. It is further submitted that similarly
situated co-accused namely, Deepak Kumar and Ayush Kumar @
Ayush Kumar @ Ayush Kumar Jha @ Anshu Kumar have been
granted regular bail vide order dated 24.09.2025 and 12.08.2025
passed by different co-ordinate Benches of this Court in Criminal
Miscellaneous No. 68275 of 2025 & 54443 of 2025 respectively.
Lastly, it has been submitted that the petitioner is in custody since
13.02.2025 having no criminal antecedents. Charge-sheet has been
submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned A.C.J.M., Dalsingsarai, in
Dalsinghsarai P.S. Case No. 23 of 2025, as well as the following
conditions:-
1. Petitioner shall co-operate in the trial and shall
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be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
5. The petitioner within two weeks after his release
from custody shall appear before the local police
station along with a copy of this order and thereafter
shall appear in the first week of every month to mark
his attendance till the framing of charge in the trial
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court.
(Khatim Reza, J)
premchand/-
U T
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