Patna High Court

Ajay Raj @ Dharmendra KumarversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to a cash bond and conditions of appearance.

Summary

The petitioner, Ajay Raj (also known as Dharmendra Kumar), was arrested in connection with a theft of petrol and cash alleged to have occurred on 25 July 2025, and charged under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He contended that he has no prior criminal record, was not named in the FIR, and was falsely implicated, with no material recovered from his possession. The State opposed bail, arguing the seriousness of the offence. The High Court, after considering the petitioner’s lack of antecedents, the circumstances of his custody, and the claim of false implication, decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance before the trial court.

Issues considered

Whether bail should be granted to the petitioner under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the alleged offence and the claim of false implication.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 3(5)

Subjects

bail
false implication
theft
Bharatiya Nyaya Sanhita
criminal procedure
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89924 of 2025
                         Arising Out of PS. Case No.-226 Year-2025 Thana- PIRO District- Bhojpur
                 ======================================================
                 Ajay Raj @ Dharmendra Kumar S/O Lal Mohar Singh R/O Laharabad, P.S-
                 Piro, Distt.- Bhojpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shiv Prasad Gupta, Advocate
                 For the Opposite Party/s :        Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   16-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Piro

                   P.S. Case No. 226 of 2025 instituted for the offence under

                   Sections 309(4) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                           3.       On 25.07.2025 at about 02:41 AM, two accused

                   person on a red Hero Honda motorcycle filled petrol worth Rs.

                   1329/- at a petrol pump and, on the pretext of paying on the

                   road, scuffled with the staff and snatched Rs. 8550/- before

                   fleeing towards Nonar.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 28.07.2025. Petitioner

                   bears no criminal antecedent, as per disclosure made in
Patna High Court CR. MISC. No.89924 of 2025(2) dt.16-01-2026
                                             2/3




          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is not named in the FIR. Name of the petitioner

          has transpired in this case during investigation. Petitioner was

          not even put on T.I. Parade to ascertain his complicity in the

          alleged occurrence. Nothing has been recovered from the

          conscious possession of the petitioner.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner and nature of

          accusation, this Court is inclined to grant bail to the petitioner.

                  8.      Let the petitioner be released on bail,                  after

          framing of charge, if not already framed, on furnishing bail

          bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of

          the    like    amount       each     to    the       satisfaction   of   Court

          below/concerned Court in connection with Piro P.S. Case No.

          226 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.89924 of 2025(2) dt.16-01-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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