Patna High CourtCR. MISC./69748/2025bail granted

Ajay Kumar @ Ajay Basfor v. The State Of Bihar

2025-09-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69748 of 2025 Arising Out of PS. Case No.-641 Year-2024 Thana- BHAGWAN BAZAR District- Saran ====================================================== Ajay Kumar @ Ajay Basfor S/o Late Mithai Ram R/O Village- Sarkari, Bazar Indranagar, P.S-Chapra Town, Dist-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhagwan Bazar P.S. Case No. 641 of 2024, instituted for the offences punishable under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that four miscreants have committed theft of jewelleries and valuable goods in the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.69748 of 2025(2) dt.24-09-2025 2/3 the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Md. Jamshed and the same has got no evidentiary value. It is next submitted that looted articles have not been recovered from the possession of the petitioner. The petitioner is in custody since 18.02.2025 and has got eleven criminal antecedents. Learned counsel for the petitioner further submits that other coaccused has been granted regular bail by this Court vide order dated 10.07.2025 passed in Cr. Misc. No. 42255 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwan Bazar P.S. Case No. 641 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.69748 of 2025(2) dt.24-09-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T