Ajay Kumar Singh @ Ajay Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ajay Kumar Singh @ Ajay Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court, in connection with Rafiganj P.S. Case No. 110 of 2022; one bailor to be the petitioner's sister Jaykanti Devi; trial court at liberty to cancel the bail bonds if the petitioner delays the trial after release.

Issue for consideration

Whether the petitioner, in custody since 12-4-2022 in Rafiganj P.S. Case No. 110 of 2022 for offences punishable under Sections 392 and 395 of the Indian Penal Code, should be released on bail, having regard to the slow pace of trial (only three of eight prosecution witnesses examined). +1 more

Court's answer

Considering the submissions of learned counsel for the petitioner (third bail attempt, custody since 12-4-2022, only three of eight prosecution witnesses examined, confirmed by the trial court's report), the petitioner was ordered to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned trial court in connection with Rafiganj P.S. Case No. 110 of 2022.

Ratio / Principle

One of the bailors of the petitioner shall be his sister, Jaykanti Devi.

Key takeaways

Despite the antecedent of four cases and the apprehension of absconding urged by the A.P.P., bail was granted subject to the safeguard that if the learned trial court concludes that the petitioner, after release, is trying to delay the trial in any manner, it shall be at liberty to cancel the bail bonds of the petitioner.ratio¶20

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Patna, Criminal Miscellaneous No. 16619 of 2025 (Justice Satyavrat Verma), oral order dated 11-04-2025: Ajay Kumar Singh @ Ajay Singh, accused in Rafiganj P.S. Case No. 110 of 2022 (Thana Rafiganj, District Aurangabad) for offences punishable under Sections 392 and 395 of the Indian Penal Code, released on bail in his third bail attempt. Petitioner in custody since 12-4-2022; out of eight prosecution witnesses only three examined till date, as confirmed by a report called from the learned trial court. Bail bond fixed at Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each; one of the bailors to be the petitioner's sister, Jaykanti Devi. Despite the petitioner's antecedent of four cases and the State's apprehension that he may abscond, the trial court was given liberty to cancel the bail bonds if the petitioner, after release, tries to delay the trial in any manner.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16619 of 2025

Arising Out of PS. Case No.-110 Year-2022 Thana- RAFIGANJ District- Aurangabad

======================================================

Ajay Kumar Singh @ Ajay Singh S/o Late Alakhdeo Singh R/o Village - Dewkali, PS - Obra, District - Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Bachan Jee Ojha For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 11-04-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 392 and 395 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that this is the third attempt of the petitioner to seek bail. It is next submitted that petitioner is in custody since 12-4-2022 and out of eight prosecution witnesses till date only three prosecution witnesses have been examined. It is further submitted that a report was called from the learned trial court and from perusal of the report also, it would manifest that till date only three prosecution witnesses have been examined.

4. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.16619 of 2025(3) dt.11-04-2025 2/2

bail of the petitioner and submits that petitioner has antecedent of four cases and in the event if bail is granted to the petitioner, the petitioner may abscond, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the trial to prove his innocence.

5. Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rafiganj P.S. Case No. 110 of 2022.

6. One of the bailors of the petitioner shall be his sister, Jaykanti Devi.

7. However, it is made clear that if the learned trial court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Satyavrat Verma, J)

SUMIT/-

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