Patna High Court
Ajit Kumar @ Prince @ Aditya Kumar @ Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since the allegations against the petitioner are prima facie based on hearsay and the investigation is complete, there is no risk of tampering, warranting bail under Section 437(3) Cr.P.C. and Section 480(3) BNSS.
Summary
Ajit Kumar was arrested in connection with a murder allegedly committed with a firearm, charged under Sections 103(1) and 61(2) of the BNS Act and Section 27 of the Arms Act. He applied for bail, contending that the informant was not an eye‑witness and that the allegations were based on vague, omnibus hearsay. The State could not refute these factual submissions. The court observed that the investigation was already completed, a charge‑sheet had been filed, and there was no likelihood of evidence tampering. Considering the petitioner’s clean antecedents and the fact that a co‑accused had already been granted bail, the court ordered his release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offence and the completed investigation
- Whether the allegations based on hearsay and lack of eyewitness testimony justify denial of bail
- Whether the grant of bail to a co‑accused influences the bail decision for the petitioner
Legislation cited
- Arms Act — s. 27
- BNS Act — s. 103(1), 61(2)
- BNSS — s. 480(3)
- Criminal Procedure Code — s. 437(3)
Subjects
- bail
- hearsay
- arms act
- murder
- criminal procedure
- investigation completed
- surety
- Section 437
- Section 480
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82155 of 2025
Arising Out of PS. Case No.-386 Year-2024 Thana- BAUNSI District- Banka
======================================================
Ajit Kumar @ Prince @ Aditya Kumar @ Prince Kumar S/o Raj Kumar Sah
Resident Of Village- Siray, Ps- Bounsi, Dist- Banka. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash Dwivedi, Advocate
Mr. Saurabh Raj, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 10-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with
Bounsi P.S. Case No. 386 of 2024 registered for the offence
under Sections 103(1), 61(2) of BNS and Section 27 of Arms
Act.
3. The accused/petitioner is named in the F.I.R. and
is in custody since 28.12.2024.
4. As per FIR, co-accused persons including
petitioner committed murder of son of the informant by
causing firearm injury.
5. Learned counsel appearing on behalf of the
petitioner submitted that admittedly the informant is not the
eye-witness of the occurrence and with very general and
Patna High Court CR. MISC. No.82155 of 2025(3) dt.10-02-2026
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omnibus allegation, she implicated petitioner with present
crime in question without having any cogent materials. It is
further submitted that similarly situated co-accused persons,
namely, Gautam Kumar Yadav @ Gautam Kumar has already
been granted bail by one of the learned co-ordinate Bench of
this Court through Cr. Misc. No. 28763 of 2025 dated
06.08.2025. While concluding argument, it is submitted
that investigation of this case is already completed, for which
charge-sheet has been submitted, as such, there is no chance
of tampering with the evidence. Petitioner claimed clean
antecedent.
6. Learned APP while opposing the prayer of bail
could not disputed the aforesaid factual submission.
7. Considering the aforesaid factual submissions
and by taking note of fact as the allegation prima facie
appears to raised on the basis of suspicion arising out of
hearsay input that too in very general and omnibus manner
against the petitioner, who is in custody since 28.12.2024,
coupled with the fact that investigation of this case is already
completed, accordingly, petitioner above named, is directed to
Patna High Court CR. MISC. No.82155 of 2025(3) dt.10-02-2026
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be released on bail in connection with Bounsi P.S. Case No.
386 of 2024, on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to
the satisfaction of learned Chief Judicial Magistrate,
Banka/concerned Court, subject to the conditions as
mentioned under Section 437(3) of the Cr.P.C./Section
480(3) of BNSS.
(Chandra Shekhar Jha, J)
veena/-
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