Allowed¶20

Ajit Kumar @ Nand v. The State of Bihar

Patna HC10 Dec 2025CR. MISC./50721/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) CrPC; IPC Sections 341/323/386/379/504/506/34; extortion demand; chimni bhattha / brick-kiln; snatching of cash and mobile; Wazirganj PS Case No. 373 of 2024; Gaya district; Village Pura Khata No. 60 Plot No. 858; Upendra Singh; Sunil Kumar; rent dispute and 2015 rent agreement (Annexure-P/2); bail bond Rs. 10,000 with two sureties; Additional Chief Judicial Magistrate I, Gaya; Patna High Court; Anil Kumar Sinha; Cr. Misc. No. 50721 of 2025; decided 10-12-2025.

What did the court decide?

Anticipatory bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- with two sureties of like amount, to the satisfaction of Additional Chief Judicial Magistrate I, Gaya, subject to Section 438(2) CrPC conditions, upon arrest or surrender within four weeks. ¶20

Ajit Kumar @ Nand Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner (Ajit Kumar @ Nand) in connection with Wazirganj Police Station Case No. 373 of 2024, disclosing offences under Sections 341/323/386/379/504/506/34 IPC.

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Court's answer

Having regard to the submissions made on behalf of the parties and taking into consideration the rent agreement annexed at Annexure-P/2 to the supplementary affidavit, the Judge was inclined to grant the petitioner the privilege of anticipatory bail.

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Ratio / Principle

The application was allowed: the petitioner, on arrest or surrender before the Court below within four weeks, is to be released on bail on a bail bond of Rs. 10,000/- with two sureties of like amount, to the satisfaction of the Additional Chief Judicial Magistrate I, Gaya, in connection with Wazirganj PS Case No. 373 of 2024, subject to the conditions under Section 438(2) CrPC.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 50721 of 2025 (decided 10-12-2025, oral order of Justice Anil Kumar Sinha): anticipatory bail allowed to Ajit Kumar @ Nand in Wazirganj Police Station Case No. 373 of 2024 (FIR dated 10.06.2024) disclosing offences under Sections 341/323/386/379/504/506/34 IPC. FIR alleges that on 09.06.2024, at about 10:30 PM, the petitioner with other accused went to the informant's chimni bhattha (brick-kiln) office, assaulted Manager Upendra Singh, snatched Rs. 25,000/- and his mobile phone, threatened the staff, and regularly demanded extortion. Petitioner's counsel pleaded false implication arising from a rent dispute, citing a rent agreement dated 19.10.2015 (Khata No. 60, Plot No. 858, 9 decimals, Village Pura) between the petitioner's uncle and Amar Shankar and informant Sunil Kumar jointly as second party, at Rs. 3000/- per year, with Rs. 21,000/- claimed as arrears for the last 7 years; that agreement, annexed at Annexure-P/2 to the supplementary affidavit, weighed with the court. Petitioner to be released on bail bond of Rs. 10,000/- with two like sureties before Additional Chief Judicial Magistrate I, Gaya, subject to Section 438(2) CrPC conditions, upon arrest or surrender within four weeks.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50721 of 2025

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Arising Out of PS. Case No.-373 Year-2024 Thana- WAJIRGANJ District- Gaya

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

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Ajit Kumar @ Nand S/o Bipin Kumar R/o Village- Pura, P.S.- Wazirganj, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vivek Kumar Sinha For the Opposite Party/s : Mr. Yogendra Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 10-12-2025 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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2. This application, for grant of anticipatory bail, arises out of Wazirganj Police Station Case No. 373 of 2024, dated 10.06.2024, disclosing offences under Sections 341/323/386/379/504/506/34 of the Indian Penal Code.

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3. The prosecution case, as per the First Information Report, is that on 09.06.2024, at about 10:30 PM, the petitioner along with other accused persons reached at the office of the chimni bhattha (brick-kiln) of the informant and assaulted the Manager, namely, Upendra Singh, and snatched a sum of Rs. 25,000/- and his mobile phone. The accused persons then threatened the staff of the office. It has further been alleged that the petitioner and others

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Patna High Court CR. MISC. No.50721 of 2025(3) dt.10-12-2025 2/3

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used to demand extortion from the informant regularly.

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4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to rent dispute. He next submits that there was rent agreement for running the office of the chimni bhatha (bric-kkiln) on the premises, bearing Khata No. 60, Plot No. 858 having an area of 9 decimals, situated at Village Pura, PS Wazirganj, District Gaya. It was executed on 19.10.2015 between the uncle of the petitioner and Amar Shankar and the informant, namely, Sunil Kumar (jointly as the second party). As per the agreement, the second party including the informant were required to pay a rent of Rs. 3000/- per year for running the office of brick-kiln from the premises belonging to the petitioner and his family. She further argued that after executing the rent agreement in the year 2015, the rent was not being paid by the informant for the last 7 years and the a sum of Rs. 21,000/- had fallen due.

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5. Regards being had to the submissions made on behalf of the parties and taking into consideration the rent agreement annexed at Annexure-P/2 to the supplementary affidavit, I am inclined to grant the petitioner privilege of

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Patna High Court CR. MISC. No.50721 of 2025(3) dt.10-12-2025 3/3

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anticipatory bail.

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6. This application is, accordingly, allowed.

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7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Gaya, in connection with Wazirganj Police Station Case No. 373 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Anil Kumar Sinha, J)

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ashwani/-

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U T

Ajit Kumar @ Nand v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajit Kumar @ Nand v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

Parties & counsel

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