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Patna High Court

Ajeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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