Patna High Court
Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, directing release on bond with conditions.
Summary
The petitioner, Ajeet Kumar, was named in an FIR under Section 309(4) of the Bhartiya Nyaya Sanhita for allegedly threatening an informant with a pistol and stealing Rs.72,875 along with other valuables. He contended that his inclusion resulted solely from the confessional statement of co‑accused Neeraj Kumar and that he has a clean antecedent. The petitioner sought anticipatory bail, pointing out that a similarly situated co‑accused, Anmol Kumar, had already been granted such bail by the same court. The Additional Public Prosecutor opposed the bail on the ground of the seriousness of the allegations. The court observed that, apart from the confession, there was no prima facie incriminating evidence against the petitioner and that the precedent of granting bail to Anmol Kumar warranted a similar order. Consequently, the court directed the petitioner’s release on anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under Section 309(4) B.N.S.
- Whether the confession of a co‑accused alone constitutes sufficient basis to deny bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 309(4)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- confession
- co‑accused
- Section 309
- criminal procedure
- bail conditions
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87675 of 2025
Arising Out of PS. Case No.-171 Year-2024 Thana- SARAI District- Vaishali
======================================================
Ajeet Kumar, S/o Sanjay Singh, R/o Village-Ramnagar, Ghataro Tola, P.S.-
Kartahan, Dist.- Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Senior Advocate
Mr. Rakesh Kumar Sharma, Advocate
Mr. Rahul Singh, Advocate
Mr. Mayank Raj, Advocate
Mr. Adarsh Parashar, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 05-02-2026 Heard learned senior counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Sarai P.S. Case
No.171 of 2024 registered under Section 309(4) of the
Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).
3. The allegation against the petitioner is to
threaten the informant with a pistol and took away the
company’s collection amount of Rs.72,875/- along with other
valuables, including tab and bio-metric machines.
4. It is submitted by Mr. Ramakant Sharma,
learned senior counsel appearing for the petitioner that name
Patna High Court CR. MISC. No.87675 of 2025(2) dt.05-02-2026
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of petitioner transpired during course of investigation on the
basis of confessional statement of co-accused namely, Neeraj
Kumar. It is pointed out that co-accused Anmol Kumar was
also named by apprehended co-accused Neeraj. It is
submitted that the case of this petitioner is of equal footing to
that of co-accused Anmol Kumar. In this context, it is
submitted by Mr. Sharma that said co-accused Anmol Kumar
was granted anticipatory bail by one of the learned co-
ordinate Bench of this Court through Cr. Misc. No.31018 of
2025 dated 14.08.2025. The petitioner claimed clean
antecedent.
5. Learned APP opposed the prayer of anticipatory
bail.
6. In view of aforesaid factual submissions and by
taking note of fact as except confession prima facie nothing
incriminating appears against the petitioner, coupled with the
fact that similarly situated co-accused person, as mentioned
aforesaid, has already granted anticipatory bail by one of the
learned co-ordinate Bench of this Court, accordingly, the
petitioner, above-named, in the event of his arrest or
Patna High Court CR. MISC. No.87675 of 2025(2) dt.05-02-2026
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surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-X, Vaishali at
Hajipur in connection with Sarai P.S. Case No.171 of 2024,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure (in short ‘CrPC’)/under
Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita,
2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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