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Patna High Court

Ajay Kumar @ PainterversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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