The Patna High Court granted bail to the petitioner, Ajay Kumar, charged under Sections 413, 414, 420, 467, 468, 471, and 120B IPC. The court noted the petitioner's claim of false implication and reliance on co-accused bail orders.
Petitioner released on bail with two sureties on furnishing bail bonds of Rs. 10,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13865 of 2024
Arising Out of PS. Case No.-381 Year-2023 Thana- VAISHALI District- Vaishali
======================================================
Ajay Kumar S/o Ravindra Ray R/o vill - Shekhpura, P.S and Distt. - Vaishali
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Ms. Bela Singh, Advocate For the State : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
... ... Opposite Party/s
ORAL ORDER
2 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Vaishali P.S. Case No. 381 of 2023 instituted for the offence under Sections 413, 414, 420, 467, 468, 471 & 120B of the Indian Penal Code.
3. Prosecution case in short is that police on secret information regarding selling of stolen motorcycle reached at the place of occurrence and recovered one motorcycle from coaccused namely, Vikram Kumar.
4. It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.13865 of 2024(2) dt.06-03-2024 2/3
that the petitioner is in custody since 29-09-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Vikram Kumar. Other co-accused have been granted bail by a Co-ordinate Bench of this Court, vide order dated 09-01-2024, 18-012024 & 27-02-2024, passed in Cr. Misc. No. 84898 of 2023, Cr. Misc. No. 1667 of 2024 & Cr. Misc. No. 12116 of 2024. Charge sheet has already been submitted in this case.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of implication and claim based on parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.13865 of 2024(2) dt.06-03-2024 3/3
Court below/concerned Court in connection with Vaishali P.S. Case No. 381 of 2023.
(Rudra Prakash Mishra, J)
Raj Kishore/- U T
1 issue framed by the court
Whether the petitioner, falsely implicated via co-accused confession with one antecedent, is eligible for bail pending trial?
1 provisions across 1 enactments
Ajay Kumar
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
