Ajay Nishad @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4046 of 2026 Arising Out of PS. Case No.-79 Year-2025 Thana- BHAGALPUR GRP CASE DistrictBhagalpur ====================================================== Ajay Nishad @ Ajay Kumar S/O Mahesh Prasad R/O Village- Lailakh, P.S.- Sabour, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bhagalpur G.R. P.S. Case no. 79 of 2025 instituted for the offence under Sections 305 (b), 105 of the BNS.

3. The case of the prosecution is that while the petitioner was returning with his family by train, some unknown miscreants entered the train and took away a bag containing Rs. 300/-, a mobile containing a JIO Sim and some other valuable documents.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.4046 of 2026(2) dt.09-02-2026 2/3 that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that from perusal of the FIR, it is clear that the FIR was against unknown miscreants. During the course of investigation, one coaccused, namely Chotu @ Amaniya has given his confessional statement and the name of the petitioner has surfaced on the basis of the said statement. It is further submitted that nothing has been recovered from the possession of this petitioner. It is contended that save and except the said confessional statement, nothing has come against this petitioner to implicate him. It is further contended Test Identification Parade (TIP) was not conducted.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner stating that the petitioner has two criminal antecedents.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bhagalpur G.R. P.S. Case no. 79 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.4046 of 2026(2) dt.09-02-2026 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM cum Railway Magistrate, Bhagalpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C/ Section 482 (2) of the BNSS. (Ashok Kumar Pandey, J) Jagdish/- U T