Ajay Kumar @ Anjani Kumar @ Burwah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39671 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- NAUBATPUR District- Patna ====================================================== Ajay Kumar @ Anjani Kumar @ Burwah S/o Late Chandradeo Yadav @ Late Chandradeo Prasad Yadav R/o Village- Pathrahat, P.S.- Dhanarua, DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha For the Opposite Party/s :
Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-08-2025 Heard the parties.
2. The petitioner seeks bail in connection with Naubatpur P.S. Case No. 39 of 2025 registered for the offence under Sections 310(2) of the I.P.C.
3. The petitioner is not named in the F.I.R. and is in custody since 05.02.2025.
4. The allegation against the petitioner is to commit dacoity alongwith other co-accused persons and while committing so looted tractor, trolley, hand-pump etc. which was in possession of the informant.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.39671 of 2025(2) dt.18-08-2025 2/3 petitioner submitted that the name of petitioner transpires during course of investigation out of confessional statement of co-accused Nagendra Kumar @ Ravi, in furtherance of which no incriminating material appears recovered/ surfaced as to connect petitioner prima-facie with present occurrence of dacoity. It is submitted that co-accused Nagendra Kumar @ Ravi also named one Jai Kishore @ Bade, who has already been granted bail by learned Co-ordinate Bench of this Court through Cr. Misc. No. 29197 of 2025 vide order dated 17.06.2025, and the case of petitioner also stands on similar footing, therefore on ground of judicial parity petitioner deserves bail. It is also submitted that petitioner was not put of TIP. While concluding the argument, it is submitted that petitioner found involved in two more criminal cases where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Patna High Court CR. MISC. No.39671 of 2025(2) dt.18-08-2025 3/3
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused nothing incriminating appears against this petitioner as to connect him prima-facie with present case of dacoity, coupled with fact that investigation of this case is already completed where petitioner is in custody since 05.02.2025, accordingly petitioner above named, is directed to be released on bail in connection with Naubatpur P.S. Case No. 39 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM VI, Danapur /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T