Patna High Court
Ajay Kumar @ PainterversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is entitled to regular bail upon furnishing the prescribed bond and sureties, subject to strict conditions of personal appearance.
Summary
The petitioner, Ajay Kumar, applied for regular bail after his earlier bail was cancelled for failing to appear in a trial under Sections 379 and 411 of the Indian Penal Code. The Additional Sessions Judge had rejected his bail plea, citing misuse of bail privilege and a prior six‑month custodial default. The petitioner argued that six months’ detention already punished his default and that he had previously served a similar term. The High Court considered the facts, including the petitioner’s prior default and the nature of the offences, and decided to grant bail on the condition of a Rs 10,000 bond with two sureties of the same amount. The court imposed a strict condition that the petitioner must appear in court on every date, and failure to do so on two consecutive occasions may lead to cancellation of bail.
Issues considered
- Whether the petitioner is eligible for regular bail despite a prior default and alleged misuse of bail privilege
- Whether the period of custody already served suffices as punishment for the default in appearing before the trial
Legislation cited
- Indian Penal Code — s. 379, 411
Subjects
- regular bail
- misuse of bail privilege
- IPC 379
- IPC 411
- criminal procedure
- court appearance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9204 of 2026
Arising Out of PS. Case No.-330 Year-2002 Thana- PIRBAHOR District- Patna
======================================================
Ajay Kumar @ Painter S/O Late Moti Shaw R/O Park Road, Near House
Manta Pandit, P.S- Kadamkuan, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam Tiwary
For the Opposite Party/s : Mr.Bharat Bhushan
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. This application has been filed for regular bail on
behalf of the above-named petitioner, directed against the order
dated 08.12.2025 passed by the learned Additional Sessions Judge-
XXXI, Patna, whereby the prayer for regular bail of the petitioner
was rejected in B.P. No. 2744/2025 arising out of Pirbahore P.S.
Case No. 330 of 2002, under Sections 379 and 411 of the Indian
Penal Code, pending before Ms. Anshu Kumari, Judicial
Magistrate, 1st Class, Patna.
3. It is a case of misuse of the privilege of bail. The
petitioner was granted bail but failed to appear during the trial.
Accordingly, his bail bond was cancelled on 29.11.2011.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.9204 of 2026(2) dt.26-02-2026
2/2
that by remaining in custody for six months, the petitioner has
amply been punished for his default. On previous occasion also, he
had suffered incarceration for more than six months whereas the
case is registered under Sections 379 and 411 of the Indian Penal
Code.
5. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail
on furnishing bail bonds of Rs.10,000/- with two sureties of the
like amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Patna in connection with Pirbahore P.S. Case No. 330 of
2002, subject to the condition that the petitioner shall cooperate in
the disposal of trial and make himself available as and when
required by the court.
6. The petitioner shall physically appear before the
learned court below on each and every date. In case of failure
on two consecutive dates, unless he is prevented by extremely
adverse circumstances, the learned court below will be at
liberty to cancel the bail bonds of the petitioner.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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