Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, subject to specified conditions.
Summary
Ajay Kumar sought anticipatory bail after being implicated in a theft case (PUSA P.S. Case No. 108 of 2025) under Section 303(2) of the B.N.S. The prosecution alleged that his vehicle, carrying maize, was stolen and that he and co‑accused threatened the informant. The petitioner contended that he was falsely implicated, that no stolen goods were recovered from him, and that the informant suppressed their familial relationship to settle a personal dispute. He also highlighted the delay between the alleged incident and the FIR, and his clean antecedent. The State opposed the bail, but the High Court, considering the lack of material evidence and the petitioner's claims, granted anticipatory bail with conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S. The order stipulated surety amounts, presence in court, and provisions for cancellation upon breach.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC.
- Whether the allegations under Section 303(2) of the B.N.S. constitute sufficient ground for arrest.
- Whether the petitioner’s claim of false implication and lack of recovered stolen property warrant bail.
Legislation cited
- B.N.S.S. — s. 303(2), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 303(2) B.N.S.
- Section 438 CrPC
- Section 482 B.N.S.
- false implication
- theft
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85413 of 2025
Arising Out of PS. Case No.-108 Year-2025 Thana- PUSA District- Samastipur
======================================================
Ajay Kumar S/O Sudin Sah R/o - ward no -7, Partapur, ,Muktapur, P.S -
Kalyanpur,Samastipur Bihar-848102
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
PUSA P.S. Case No. 108 of 2025 registered for the offences
under Sections 303(2) of the B.N.S.
3. As per the prosecution story, the informant has
alleged that on 30.07.2025 his vehicle, which was loaded with
24 quintals and 500 grams of maize, was stolen. It is further
alleged by the informant that it was the petitioner and other co-
accused persons who had been claiming shares in his income
and had been threatening him with action and therefore, they
might be the persons behind the alleged incident.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has falsely been implicated
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in the present case and there has been no recovery from the
conscious possession of the petitioner or from his house of any
material alleged to have been stolen. It has further been
submitted that the petitioner happens to be the nephew
(bhagina) of the informant, which has deliberately been
suppressed by the informant. It has been submitted that since the
petitioner has been demanding his mother’s share in the
immovable property, the present false and concocted case has
been registered against the petitioner only to settle personal
scores. It has lastly been submitted that the alleged date of
occurrence is 30.07.2025 whereas the FIR was lodged on
05.08.2025 and that the petitioner carries clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with PUSA P.S. Case No.
Patna High Court CR. MISC. No.85413 of 2025(2) dt.15-01-2026
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108 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below 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 court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
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delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
(Sourendra Pandey, J)
aditya/-
U
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