Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is allowed; the order refusing bail is set aside and bail is granted with conditions.
Summary
The appellant, Aman Kumar, was charged with murder under the Bihar Narcotic Substances Act, 2023, the Arms Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He contended that he was falsely implicated, that his name was not in the FIR, that the confessional statement was fabricated and that eyewitnesses failed to identify him. The trial court had refused regular bail under Section 14(A)(2) of the CrPC, citing the seriousness of the offences and a prior criminal antecedent. On appeal, the Patna High Court examined the evidence, noted the lack of direct identification and the questionable basis of the charge sheet, and held that the refusal of bail was not justified. Consequently, the High Court set aside the lower court’s order, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence and verification of antecedents.
Issues considered
- Whether the trial court erred in refusing regular bail to the appellant under Section 14(A)(2) of the CrPC despite the nature of the charges and alleged antecedent.
- Whether the evidence on record, including the alleged confessional statement and eyewitness testimony, is sufficient to justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 126(2), 3(5)
- Criminal Procedure Code — s. 14(A)(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(v)
Subjects
- bail
- regular bail
- Section 14A
- murder
- SC/ST Act
- Arms Act
- Bihar Narcotic Substances Act
- criminal antecedent
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3380 of 2025
Arising Out of PS. Case No.-889 Year-2024 Thana- PIRBAHOR District- Patna
======================================================
Aman Kumar S/o Jitendra Kumar R/o Babhan Toli, Rajapul, Near Hanuman
Mandir, Mainpura, PS- Buddha Colony, District- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Sangeeta Devi W/o Late Vinay Kumar Das R/o Vill- Lundru, P.O.- Deokudi,
P.S.- Echak, Distt- Hazaribagh, Distt- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Madhukar Anand, Advocate
Mr. Shubham Kumar Singh, Advocate
Mr. Amritanshu Udbhava, Advocate
For the Respondent/s : Mr. Sadanand Paswan, APP
For the Informant : Mr. Om Prakash Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 08-05-2026 Heard Mr. Madhukar Anand, learned counsel for the
appellant, Mr. Om Prakash Singh, learned counsel appearing on
behalf of the Respondent No. 2 as well as Mr. Sadanand
Paswan, learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 19.05.2025
passed by the learned Court of Exclusive Special Judge,
(SC/ST), Patna in connection with Special Case No. 127/2025
arising out of Pirbahore P.S. Case No. 889/2024, F.I.R. dated
26.12.2024 registered under Sections 126(2), 103(1) read with
Section 3(5) of the BNS, 2023, Section 27 of the Arms Act and
Sections 3(1) (r), 3 (1) (s), 3(2)(v) of the Scheduled Castes and
Scheduled Tribes Act (Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.3380 of 2025(5) dt.08-05-2026
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3. The prosecution case, in short, is that the accused
Monu and one unknown person, due to business rivalry,
committed the murder of Vinay Kumar Das by firing upon him
near PMCH, Patna.
4. Learned counsel for the appellant submits that
appellant is innocent and he has falsely been implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the appellant has not
committed any offences as alleged in the F.I.R. The appellant is
not named in the FIR, the name of the appellant has come on
secret information. Thereafter, as claimed by the prosecution, on
the basis of the confessional statement of the appellant weapon
which was used in the alleged crime was recovered. I.O has
been examined during the trial as P.W. 4 and he in his cross-
examination stated that before the confessional statement of the
appellant, police has already recovered the pistol in question.
Apart from that, the eye witness, Bhola Kumar i.e., P.W. 3 in the
present case has not identified the appellant during the trial. He
further submits that the police, after investigation, submitted
charge sheet against the appellant. The appellant is in custody
since 30.12.2024.
5.Vide order dated 08.04.2026 a report was called
Patna High Court CR. APP (SJ) No.3380 of 2025(5) dt.08-05-2026
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with regard to the present stage of trial. Report of the learned
Trial Court dated 18.04.2026 reveals that the charge has been
framed against the petitioner on 09.10.2025 and there are seven
(07) prosecution witnesses, out of seven (07), four (04) non-
official witnesses and three (03) official witnesses. Out of seven
witnesses, three (3) non-official witnesses & one (1) official
witness total four (04) witnesses have been examined up till
now.
6. Learned counsel appearing on behalf of the
Respondent No. 2 as well as learned Special Public Prosecutor
for the State have vehemently opposed the prayer for bail of the
appellant and submitted that the appellant carries one more
criminal antecedent other than the present one. Learned counsel
for the respondent no. 2 has submitted that number of witnesses
have supported the prosecution story.
7. Considering the aforesaid facts and circumstances
of the case, let the appellant, above named, 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
learned Court of Exclusive Special Judge, (SC/ST), Patna in
connection with Special Case No. 127/2025 arising out of
Pirbahore P.S. Case No. 889/2024, with other following
Patna High Court CR. APP (SJ) No.3380 of 2025(5) dt.08-05-2026
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conditions:-
i. Appellant 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at any
stage it is found that the appellant have concealed his criminal
antecedent, the court below shall take step for cancellation of
bail bond of the appellant. 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.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
atul/-
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