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Patna High Court

Ajanish Kumar @ Ajanish Yadav @ Ajnish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing his release upon furnishing the prescribed bail bond and sureties.

Summary

The petitioner, Ajanish Kumar, was arrested in connection with a robbery alleged under Section 392 of the Indian Penal Code, wherein Rs.36,500 was allegedly snatched from an informant. The prosecution’s case relied mainly on a confessional statement and CCTV footage, with no FIR naming the petitioner, no eyewitnesses, and no Test Identification Parade conducted. The petitioner contended that he was falsely implicated and that the material evidence was insufficient to justify his continued detention. The State opposed bail, citing the seriousness of the offence and the petitioner’s antecedent case. Considering the lack of substantive evidence, the filing of the charge sheet, and the period of custody, the court granted bail subject to conditions under Section 480(3) of the B.N.S.S. and required sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the alleged robbery under IPC Section 392.
  • Whether the evidence on record, including CCTV footage and a confessional statement, is sufficient to justify continued custody.
  • Whether Section 480(3) of the B.N.S.S. applies to the grant of bail in this case.

Legislation cited

Subjects

  • bail
  • robbery
  • IPC 392
  • evidentiary insufficiency
  • CCTV footage
  • identification parade
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8966 of 2026
                    Arising Out of PS. Case No.-569 Year-2023 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Ajanish Kumar @ Ajanish Yadav @ Ajnish Kumar Son of Late Amir Rai
                 Resident Of Village - Abbu Mahmadpur, Ranisarai, PS -Bakhtiyarpur District
                 -Patna
                                                                         ... ... Petitioner/s

                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Amit Kumar, Advocate
                 For the Opposite Party/s :      Mr.Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    02. In the present case, the petitioner seeks bail in

                   connection with Bakhtiyar P.S. Case No. 569 of 2023 registered

                   for the alleged offences under Section 392 of the Indian Penal

                   Code.

                                    03. As per prosecution case, four miscreants

                   snatched Rs.36,500/- from the informant, who has withdrawn

                   this money from a bank. The name of the petitioner transpired

                   during investigation for being involved in the said occurrence.

                                    04. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in this

                   case. Except the confessional statement of the petitioner, there is
Patna High Court CR. MISC. No.8966 of 2026(2) dt.17-02-2026
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          no other material available on record to show the complicity of

          the petitioner in the alleged occurrence. The petitioner is not

          named in the FIR and no Test Identification Parade has been

          held. The petitioner was apprehended on the basis of close

          circuit camera footage but a number of persons who were

          passing by the camera and there is no eye witness to the alleged

          occurrence. The petitioner has got antecedent of one case and he

          is in custody since 24.08.2025. Charge sheet has been

          submitted.

                           05. Learned APP opposes the submission made on

          behalf of the petitioner.

                           06. Having regard to the facts and circumstances

          and submissions made on behalf of the parties and considering

          the period of custody of the petitioner and submission of charge

          sheet, the petitioner above named is directed to be released on

          bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned A.C.J.M.-III, Barh, District - Patna/concerned Court in

          connection with Bakhtiyarpur P.S. Case No. 569 of 2023,

          subject to the conditions mentioned in Section 480(3) of

          B.N.S.S. and also the following conditions :

                                          (i) One of the bailors will be a close
            Patna High Court CR. MISC. No.8966 of 2026(2) dt.17-02-2026
                                                        3/3




                                                      relative of the petitioner.

                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      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.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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