Ajay Kumar @ Ajay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38836 of 2025 Arising Out of PS. Case No.-123 Year-2023 Thana- PARSAUNI District- Sitamarhi ====================================================== Ajay Kumar @ Ajay Sah S/o Bholi Sah @ Bhila Sah R/o Village- Sitalpatti, Ward No. 10, P.S.- Piprahi, District- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-06-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Parsauni P.S. Case No.123 of 2023, lodged on 16.09.2023, under Section 414 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner against whom there is allegation of theft of motorcycle.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that name of the petitioner has figured in this case by
Patna High Court CR. MISC. No.38836 of 2025(2) dt.25-06-2025 2/2 virtue of confessional statement of co-accused. He further submits that on the confessional statement name of the petitioner has been inserted in this case. He submits that there are three identical criminal antecedents of the petitioners and in all three cases he is on bail. Counsel submits that petitioner shall not commit any offence rather the wrong doer have put their vehicle at the house of the petitioner.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that upon the confessional statement of the co-accused recovery has been made from the petitioner's possession having three criminal antecedents.
6. Considering the criminal antecedents of the petitioner, the prayer for anticipatory bail of the petitioner is hereby refused.
(Dr. Anshuman, J) Mkr./- U T