Patna High Court
AJEET KUMAR @ AJEET KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2).
Summary
The petitioner, Ajeet Kumar, sought anticipatory bail after the police registered a case for kidnapping and murder of a schoolgirl, alleging offences under Sections 137(2), 103(1), 238, 61 and 3(5) of the B.N.S. The only material linking the petitioner to the crime was a confessional statement of a co‑accused, Akash Kumar, who named other persons but not the petitioner. The petitioner was not named in the FIR and claimed he was implicated solely because of familial relations with the victim. The State opposed the bail, arguing the seriousness of the charges. The Court, noting the lack of direct evidence, the petitioner’s clean antecedents and the general nature of the accusation, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2).
Issues considered
- Whether anticipatory bail can be granted in the absence of direct evidence against the petitioner
- Whether the petitioner’s clean antecedents justify bail despite serious charges
- Whether the confessional statement of a co‑accused suffices to implicate the petitioner
Legislation cited
- B.N.S. — s. 103(1), 137(2), 238, 3(5), 61
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- clean antecedents
- kidnapping
- murder
- insufficient evidence
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8382 of 2026
Arising Out of PS. Case No.-287 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Ajeet Kumar @ Ajeet Kumar Singh S/o- Devnath Singh @ Deonath
Kushwaha R/v- Upadhyay Chhapar Ps- Mairwa Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 137(2),
103(1), 238, 61 and 3(5) of the B.N.S.
3. As per prosecution case, on 02.07.2025 at about 9
AM, daughter of informant had gone to school but did not
return. Informant suspects that some unknown persons
kidnapped her daughter. Later on, dead body of the victim was
recovered.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is not named in the F.I.R..
Name of petitioner transpired in this case during course of
investigation, only on the basis of confessional statement of co-
Patna High Court CR. MISC. No.8382 of 2026(2) dt.11-02-2026
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accused Akash Kumar, who happens to be step-brother of the
victim, wherein he has categorically stated that he, along with
other accused persons, committed the offence. Save and except
confessional statement, there is no material on record to show
the complicity of this petitioner in the alleged offence. As a
matter of fact, petitioner has falsely been implicated in this case
merely because he happens to be cousin brother of the victim
and elder son of uncle of the deceased, namely Deonath Singh.
Petitioner claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Addl. Chief Judicial
Magistrate-V, Siwan in connection with Mairwa P.S. Case No.
Patna High Court CR. MISC. No.8382 of 2026(2) dt.11-02-2026
3/3
287 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
Jyoti Kumari/-
U T
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