Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court allowed the bail application, granting regular bail subject to specified bond and conditions.
Summary
Ajay Kumar was charged under Sections 302 and 34 of the Indian Penal Code for murder, with the prosecution alleging that he administered a lethal injection to the deceased. The trial court had earlier denied his bail application, relying on a confession and case diary entries. The petitioner argued that the forensic science laboratory report indicated death due to aluminium phosphide (Celphos) found in the victim's viscera, undermining the injection allegation. The State opposed bail but conceded that the FSL report weakened the prosecution's theory. The Patna High Court, after considering the report and the earlier rejection, granted regular bail subject to a bond of ₹30,000 and compliance with conditions under the Bihar Non-Compounding of Offences Act, 2023, and assured that the petitioner would not abscond in other pending cases.
Issues considered
- Whether the petitioner is entitled to regular bail despite the earlier bail rejection and the nature of the charges under IPC Sections 302 and 34.
- Whether the forensic report indicating death by aluminium phosphide negates the prosecution's allegation of an injection and warrants bail.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- forensic science report
- aluminium phosphide
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76365 of 2025
Arising Out of PS. Case No.-802 Year-2023 Thana- RAJIVNAGAR District- Patna
======================================================
Ajay Kumar S/o Mahendra Sahni @ Mahendra Choudhary R/o Village - PNT
Colony, Kidwaipuri, P.S - Budha Colony, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Raj, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 911 of 2025, arising out of Rajiv Nagar P.S.
Case No. 802 of 2023, lodged on 15.12.2023, under Sections
302 & 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the
bail application of the petitioner was earlier rejected vide order
dated 18.01.2025 passed in Cr. Misc. No. 86030 of 2024.
Counsel further submits that this Hon’ble Court was pleased to
reject the bail application on the basis of the alleged confession
as well as the materials available in the case diary, wherein there
was an allegation of administering an injection to the deceased,
resulting in his death.
Patna High Court CR. MISC. No.76365 of 2025(3) dt.16-01-2026
2/3
4. Learned counsel further submits that in the
impugned order, it has been categorically observed by the
learned Sessions Court that, as per the FSL report, the death was
caused due to ‘Aluminium Phosphide’, commonly known as
‘Celphos’, which was detected in the viscera of the deceased as
a gastrointestinal irritant.
5. Learned counsel also submits that the Trial Court,
after such observation, has rejected the bail application of the
petitioner solely on the ground that this Hon’ble Court had
earlier rejected the bail application of the petitioner.
6. Learned APP for the State opposes the prayer for
bail but submits that, in view of the FSL report observing that
‘Celphos’ was found in the stomach of the deceased, the
allegation of administering an injection has been diminished.
7. In the present facts and circumstances of the case
and in view of the submissions made above, let the petitioner
above-named be granted bail, subject to the satisfaction of the
Trial Court that the petitioner is not absconding in Buddha
Colony P.S. Case No. 173 of 2020 and Sonepur P.S. Case No.
580 of 2023, on furnishing bail bonds of ₹30,000/- (Rupees
Thirty Thousand) as defined under Section 2(1)(d) of the BNSS,
2023, to the satisfaction of the District & Additional Sessions
Patna High Court CR. MISC. No.76365 of 2025(3) dt.16-01-2026
3/3
Judge-XXIX, Patna, in connection with Sessions Trial No. 911
of 2025, arising out of Rajiv Nagar P.S. Case No. 802 of 2023,
subject to the conditions laid down under Section 480(3) of the
BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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