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Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that given the petitioner’s non‑inclusion in the FIR, lack of eyewitness evidence, and four‑month pre‑trial custody, bail must be granted.

Summary

The petitioner, Ajay Kumar, applied for regular bail in a murder case registered under sections 103(1), 238(b) and 3(5) of the Bhartiya Nyay Sanhita, 2023. The prosecution alleged that the petitioner was part of a group that murdered the informant's son, based largely on statements of a co‑accused and a post‑mortem report, though the petitioner’s name does not appear in the FIR. The petitioner argued that he was falsely implicated, has no criminal record, and has been in custody for four months since 17‑Oct‑2025. The State opposed bail, citing the informant’s diary entry that named the petitioner and the seriousness of the injuries shown in the post‑mortem. The court, noting the lack of eyewitness evidence, the petitioner’s non‑inclusion in the FIR, the prolonged pre‑trial detention and the filing of the charge sheet, ordered that bail be granted on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted when the petitioner is not named in the FIR but is alleged to be involved in the offence.
  • Whether the absence of eyewitness testimony and the length of pre‑trial detention justify the grant of bail.
  • Whether the statements of co‑accused and post‑mortem findings affect the bail application.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false implication
  • pre‑trial detention
  • Bhartiya Nyay Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87695 of 2025
                   Arising Out of PS. Case No.-225 Year-2025 Thana- BARHARA KOTHI District- Purnia
                 ======================================================
                 Ajay Kumar S/o Domi Mukhiya R/o Village - Haldibari Ward no. 1, P.S -
                 Barhara Kothi, District - Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   24-02-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioner has preferred this application for

                   grant of regular bail in connection with Barhara Kothi P.S. Case

                   no.225 of 2025 registered under sections 103(1), 238(b) and

                   3(5) of the Bhartiya Nyay Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that a mobile phone of Md. Sarfaraz having been found with the

                   informant's son, Md. Sarfaraz had threatened to kill him. On the

                   date of occurrence, on the informent’s son not returning home, a

                   search started. On Inquiry from Md. Sarfaraz he disclosed the

                   names of the other six accused persons who had committed the

                   murder and hidden the dead body of the informant's son. The

                   dead body was recovered, as disclosed by Md. Sarfaraz.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.87695 of 2025(4) dt.24-02-2026
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          petitioner is not named in the FIR. He was falsely implicated in

          the case in course of investigation. There is no eyewitness to the

          alleged occurrence. The petitioner is in custody since

          17.10.2025 and charge sheet has been submitted in the case. He

          has no criminal antecedent.

                       5. The application for bail is opposed by learned APP

          for the State and learned counsel for the informant. Learned

          counsel for the informant submits that even before the statement

          of co-accused Md. Sarfaraz, the informant in paragraph no.4 of

          the case diary itself has taken the name of the petitioner of him

          being present along with the other accused persons. It is further

          submitted that the postmortem report shows multiple injury on

          the body of the deceased.

                       6. Having heard learned at counsel for the parties and

          taking into consideration the allegations in the FIR, the material

          that has transpired against the petitioner in course of

          investigation, there being no eyewitness to the alleged

          occurrence, the petitioner having remained in custody for 4

          months since 17.10.2025 and charge sheet having been

          submitted in the case,           the Court directs the petitioner to be

          enlarged on bail in connection with Barhara Kothi P.S. Case no. 225

          of 2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten
          Patna High Court CR. MISC. No.87695 of 2025(4) dt.24-02-2026
                                                      3/3




                    Thousand) with two sureties of the like amount each to the

                    satisfaction of the learned Chief Judicial Magistrate, Purnea.



                                                (Partha Sarthy, J)
Bibhash

U     T


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