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

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

What the court decided

AI extract

Outcome

Release on regular bail in Narahia P.S. Case No. 88 of 2024 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM, Jhanjharpur, Madhubani, subject to: (i) cooperation in the disposal of trial and availability as and when required by the court; (ii) verification of criminal antecedents before acceptance of the bail bond, failing which (if involvement in any other case is found) the bail bond shall be cancelled; and (iii) appearance on every fixed date, with liberty to the court below to cancel the bail bond on failure to appear on two consecutive dates unless prevented by extremely adverse circumstances.

Issue for consideration

Whether petitioner Ajay Kumar should be granted regular bail in connection with Narahia P.S. Case No. 88 of 2024, registered for offences punishable under Sections 64, 70(1) and 3(5) of the BNS. +1 more

Court's answer

Regular bail granted: the petitioner is directed to furnish bail bond and, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, the learned ACJM, Jhanjharpur, Madhubani shall release him on bail in Narahia P.S. Case No. 88 of 2024, subject to his cooperating in the disposal of trial and making himself available when required; the grant is made especially because co-accused Pappy Kumar Yadav has been granted bail.

Ratio / Principle

Condition imposed: before accepting the bail bond, the criminal antecedent of the petitioner shall be verified, and if he is found involved in any other case except the present one, his bail bond shall be cancelled.

Key takeaways

Condition imposed: the petitioner must appear on each and every date fixed by the court; if he fails to appear on two consecutive dates, unless prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel his bail bond.ratio¶22

Detailed headnote1 paragraphs

Bail - Regular bail granted (oral order, 17-10-2025). Petitioner Ajay Kumar, accused in Narahia P.S. Case No. 88 of 2024 (District Madhubani) registered under Sections 64, 70(1) and 3(5) of the BNS for alleged rape committed jointly with co-accused Pappu Kumar Yadav, was released on bail chiefly because the co-accused had already been granted bail. Counsel contrasted the victim's fardbeyan (three years' contact with the petitioner; journey in a four-wheeler across the border into Nepal, where the rape was alleged) with her statement under Section 164 CrPC (she said she went along for medical treatment of eye trouble). Conditions imposed: bail bond of Rs.10,000/- with two sureties of the like amount each before the learned ACJM, Jhanjharpur, Madhubani; verification of the petitioner's criminal antecedents before acceptance, with cancellation of the bond if involvement in any other case is found; and appearance on each and every date fixed, with the court below at liberty to cancel the bail bond on absence on two consecutive dates unless prevented by extremely adverse circumstances. - (Nawneet Kumar Pandey, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53741 of 2025

Arising Out of PS. Case No.-88 Year-2024 Thana- Narhiya District- Madhubani

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Ajay Kumar S/o Rajpati Shah R/o Vill- Gangapur, Lutan Tola, P.S.- Ratwara, Distt- Madhepura, Bihar ... ... Petitioner/s Versus

The State of Bihar 2. Ms.X aged about 26 years(female) daughter of Nageshwar yadav R/oGhutiya Shyampur, P.s.-Rajaun Dist- Banka ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Jha, Adv. For the State : Mr.Sangeeta Sharma, APP For the Informant : Mr. Abhigyan Kumar, Adv. Mr. Nitesh Kumar, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 17-10-2025

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Narahia P.S. Case No. 88 of 2024, registered for the offences punishable under Sections 64, 70(1) and 3(5) of the BNS.

As per allegation, the petitioner and co-accused Pappu Kumar Yadav committed rape upon her.

The learned counsel for the petitioner has submitted that the statement of the victim recorded under Section 164 of the CrPC is entirely different from her fardbeyan . In her fardbeyan , she stated that she was in contact with the petitioner for three years. The petitioner brought her in a four-wheeler and co-accused Pappu Kumar Yadav was also accompanying the petitioner. After crossing the border, they entered the territory of Nepal, where the

Patna High Court CR. MISC. No.53741 of 2025(3) dt.17-10-2025 2/3

accused persons committed rape upon her.

Contrary to her fardbeyan in her statement under Section 164 of the CrPC, she stated that she had some troubles in her eyes and for medial treatment, she went with the petitioner and co-accused Pappu Kumar Yadav committed rape upon her.

On the other hand, the learned counsel for the informant has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, especially the fact that co-accused Pappy Kumar Yadav has been granted bail, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM, Jhanjharpur, Madhubani in connection with Narahia P.S. Case No. 88 of 2024, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

Before accepting the bail bond, the criminal antecedent of the petitioner shall be verified and if, it is found that he is involved in any other case except the present one, his bail bond shall be cancelled.

9. The petitioner will appear on each and every

Patna High Court CR. MISC. No.53741 of 2025(3) dt.17-10-2025 3/3

date fixed by the court and if he fails to do so on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(Nawneet Kumar Pandey, J)

Nirmal/- U T