Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56263 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- KUMAR KHAND District- Madhepura ====================================================== Ajay Kumar S/O Nageshwar Rishidev R/O Parsa, Ward No. 03, P.S. - Shankarpur, Dist. - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Verma, Adv.
For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-08-2025
1. Heard Mr. Sanjeev Verma, learned counsel for the petitioner and Mr. Anuj Kumar Shrivastava, learned APP for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No. 135 of 2025 arising out of Kumarkhand (Bhatani) P. S. Case No. 13 of 2025, dated 10.01.2025 registered for the offences punishable under Sections 309(4) and 317(3) of the B.N.S.
3. The main submissions advanced by the petitioner's counsel are that as per the allegation the informant's motorcycle and his mobile phone were looted by three unknown accused who were riding on a motorcycle at the time of commission of the alleged occurrence and accordingly the FIR was registered against unknown, during the investigation the petitioner was
Patna High Court CR. MISC. No.56263 of 2025(2) dt.12-08-2025 2/3 remanded in the present matter from Shankarpur P.S. Case No. 10 of 2025, in which as per the prosecution he made confessional statement before the police revealing his implicity in the present matter but except this statement which has no evidentiary value there is nothing against this petitioner to connect him to the alleged occurrence and mainly on the basis of this confessional statement the petitioner has been chargesheeted by the police. It is further submitted that the petitioner has been languishing in jail since 10.02.2025 in the present matter and investigation against him has been completed and against him there is one antecedent in which he is on bail.
4. Though learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepts that in respect of petitioner's involvement in the alleged crime of loot the only material which is against this petitioner is his confessional statement recorded by him before the police.
5. Considering the aforesaid submissions advanced by the petitioner's counsel and mainly the facts that in respect of petitioner's involvement in the alleged crime of loot the prosecution is mainly relying upon the petitioner's own statement recorded by him before the police and the police failed to recover the looted article after the petitioner was taken
Patna High Court CR. MISC. No.56263 of 2025(2) dt.12-08-2025 3/3 into custody and also coupled with the completion of investigation against the petitioner, this court is inclined to release him on bail. Accordingly, let the petitioner namedabove, be enlarged on bail in connection with Sessions Trial No. 135 of 2025 arising out of Kumarkhand (Bhatani) P. S. Case No. 13 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) Rajiv/- U T