Patna High Court
Ajanish Kumar @ Ajanish Yadav @ Ajnish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- B.N.S.S. — s. 480(3)
- Indian Penal Code — s. 392
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
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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
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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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