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Patna High Court

Ajay Kumar @ Ajay BasforeversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with specified conditions.

Summary

Ajay Kumar was arrested in connection with a theft of gold ornaments worth Rs. 3 lakh, alleged under Sections 305 and 331(4) of the B.N.S. He applied for bail, claiming he was falsely implicated, that no incriminating material was recovered from him, and that he had not been produced before a TIP. The prosecution opposed the bail, arguing the seriousness of the offence. The court noted that a co‑accused had already been granted bail and that the petitioner had been in judicial custody since 30‑04‑2025. Considering the circumstances, the court ordered his release on bail subject to monetary sureties and several conditions, including regular attendance before the trial court and the SSP, Siwan. The order also stipulated that any concealment of criminal antecedents could lead to cancellation of bail.

Issues considered

  • Whether bail should be granted to the petitioner in a theft case under Sections 305/331(4) of the B.N.S. despite his criminal antecedents
  • Whether the absence of a TIP and lack of recovered incriminating material justify bail

Legislation cited

Subjects

  • bail
  • theft
  • criminal antecedent
  • Section 305
  • Section 331
  • judicial custody
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82449 of 2025
                   Arising Out of PS. Case No.-604 Year-2024 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Ajay Kumar @ Ajay Basfor Son of Late Mithai Ram R/O Village - Sarkari
                 Bazar Indranagar, P.S - Chapra Town, Dist.- Saran.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeet Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2.The petitioner seeks bail in connection with

                   Bhagwan Bazar P.S. Case No. 604 of 2024 dated 26.11.2024

                   registered for the offences under Sections 305/331(4) of the

                   B.N.S.

                                3. As per the prosecution case some unknown

                   miscreants are alleged to have committed theft in the house of

                   the informant and they had taken away gold ornaments worth

                   Rs. 3 lakhs kept for marriage of his daughter.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated merely because he carries

                   a long list of criminal antecedents of similar nature. No

                   incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.82449 of 2025(2) dt.05-01-2026
                                            2/3




          possession of the petitioner and his name has transpired in the

          confessional statement of Md. Jamshed. It has also been

          submitted that the petitioner was not put on TIP till date and he

          is in judicial custody since 30.04.2025. It has lastly been

          submitted that co-accused namely Rohit Kumar @ Rohit

          Basfore @ Rohit Kumar has already been granted bail by a co-

          ordinate Bench of this Court vide order dated 03.12.2025 passed

          in Cr. Misc. No. 80879 of 2025.

                       5. Learned APP has vehemently opposed the prayer

          for bail of the petitioner.

                       6. Considering the facts and circumstances of the

          case, the petitioner is directed to be released on bail on his

          furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Additional Chief Judicial Magistrate II, Saran at

          Chapra in connection with Bhagwan Bazar P.S. Case No. 604 of

          2024 subject to the following terms and conditions:

                       (i) One of the bailors will be a close relative of the

          petitioner;

                       (ii) the petitioner will remain present on each and

          every date fixed, if so required by the learned Trial Court;

                       (iii) in case of absence on two consecutive dates or in
            Patna High Court CR. MISC. No.82449 of 2025(2) dt.05-01-2026
                                                        3/3




                      violation of the terms of the bail, the bail bonds of the petitioner

                      will liable to be cancelled by the Court concerned;

                                   (iv) the trial court shall verify the criminal antecedent

                      of the petitioner and in case at any stage, it is found that the

                      petitioner has concealed his criminal antecedent, the trial court

                      shall take step for cancellation of bail bonds of the petitioner.

                      However, the acceptance of bail bonds in terms of the above

                      mentioned order shall not be delayed for purpose of the same on

                      in the name of verification.

                                   (v) the petitioner is directed to appear before the SSP,

                      Siwan fortnightly to mark his attendance.

                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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