Ajay Kumar @ Ajay Kumar Aman v. The State of Bihar

Patna HC17 Feb 2026CR. MISC./3542/2026

Case brief

AI extract

What is this about?

anticipatory bail; Section 438(2) CrPC; Section 482(2) BNSS 2023; Section 394 IPC; snatching at pistol point; Rs. 5500/- and golden locket; Jandaha P.S. Case No. 139 of 2022; FIR dated 10.05.2022; Vaishali; Hajipur; not named in FIR; confessional statement of co-accused Abhishke Kumar @ Bojha; one criminal antecedent; bail bond Rs. 10,000; two sureties; Judicial Magistrate 1st Class; Rajesh Kumar Verma; Patna High Court; Criminal Miscellaneous No.3542 of 2026; 17-02-2026

What did the court decide?

Anticipatory bail: petitioner to be released on bail on arrest or surrender within thirty days, on bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC / Section 482(2) BNSS, 2023 conditions and the further conditions stated in the order. ¶¶22

Ajay Kumar @ Ajay Kumar Aman Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Jandaha P.S. Case No. 139 of 2022 (Section 394 IPC), should be released on anticipatory bail subject to the conditions of Section 438(2) CrPC / Section 482(2) BNSS, 2023.

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Court's answer

Anticipatory bail granted: on arrest or surrender before the court below within thirty days of receipt of the order, the petitioner is to be released on bail on a bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali, Hajipur, in Jandaha P.S. Case No. 139 of 2022.

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Ratio / Principle

The grant rested on the facts that the petitioner was not named in the FIR and his name transpired during investigation on the basis of the confessional statement of a co-accused person.

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Key takeaways

Bail is subject to the conditions laid down under Section 438(2) CrPC / Section 482(2) BNSS, 2023 and further conditions: (i) cooperation in trial and physical presence as directed, with cancellation of bond on absence on two consecutive dates without sufficient reason; (ii) liberty to prosecution to seek cancellation if evidence or witnesses are tampered with; (iii) court below to verify criminal antecedents and cancel the bond if concealment is found, without delaying acceptance of bail bonds for verification.ratio¶¶24

Detailed headnote1 paragraphs

Patna High Court (Rajesh Kumar Verma, J), Criminal Miscellaneous No.3542 of 2026, decided 17-02-2026 — anticipatory bail allowed to Ajay Kumar @ Ajay Kumar Aman in Jandaha P.S. Case No. 139 of 2022 (FIR dated 10.05.2022, Section 394 IPC, district Vaishali). Considering that the petitioner was not named in the FIR and his name transpired during investigation on the confessional statement of co-accused Abhishke Kumar @ Bojha, the court directed release on arrest or surrender within thirty days on a bail bond of Rs. 10,000/- with two like sureties to the satisfaction of the Judicial Magistrate, 1st Class, Vaishali, Hajipur, subject to Section 438(2) CrPC / Section 482(2) BNSS, 2023 conditions and further conditions on trial attendance, non-tampering, and verification of criminal antecedents (noting one antecedent, with petitioner already on bail therein).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3542 of 2026

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Arising Out of PS. Case No.-139 Year-2022 Thana- JANDAHA District- Vaishali

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

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Ajay Kumar @ Ajay Kumar Aman S/o Awadhesh Singh R/o Village- Araniya, P.S.- Jandaha, Distt- Vaishali

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Raghwendra Pratap Singh, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP

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

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 17-02-2026

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Heard Mr. Raghwendra Pratap Singh, learned counsel

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for the petitioner and Mr. Satya Nand Shukla, learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Jandaha P.S. Case No. 139 of 2022, F.I.R. dated 10.05.2022 for the offences punishable under Section 394 of the Indian Penal Code.

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According to prosecution case, accused persons and petitioner are alleged to have entered into the office of the informant and on point of pistol snatched Rs. 5500/- and golden locket of informant and one Maniraj and other articles.

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Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named

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Patna High Court CR. MISC. No.3542 of 2026(2) dt.17-02-2026 2/3

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in the FIR and the name of this petitioner has been transpired during investigation on the basis of confessional statement of co-accused Abhishke Kumar @ Bojha. He further submits that except confessional statement, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence.

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Learned APP has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the pending matter.

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Considering the aforesaid facts and circumstances, petitioner is not named in the FIR, the name of the petitioner transpired during investigation on the basis of confessional statement of co-accused person, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1^st Class, Vaishali, Hajipur, in connection with Jandaha P.S. Case No. 139 of 2022, subject to the conditions as laid down under Section

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Patna High Court CR. MISC. No.3542 of 2026(2) dt.17-02-2026 3/3

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438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Ranjeet/- U T

Ajay Kumar @ Ajay Kumar Aman v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Kumar @ Ajay Kumar Aman v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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