Patna High Court
Amit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court denied regular bail to the petitioner, holding that the seriousness of the offences and his criminal antecedents warranted refusal of bail.
Summary
The petitioner, Amit Kumar Singh, applied for regular bail in a case involving offences under IPC sections 147, 148, 149, 341, 323, 302 and 506, as well as Section 27 of the Arms Act. He contended that his name does not appear in the FIR and was only identified through a confessional statement of an accomplice, arguing that this should not preclude bail. The State opposed the bail, highlighting the petitioner’s antecedent of eight serious criminal cases, the gravity of the alleged offences—including murder and attempted murder—and the risk of absconding or tampering with evidence. The Court examined the submissions and, considering the seriousness of the charges and the petitioner’s criminal history, concluded that bail could not be granted. Consequently, the petition for bail was rejected.
Issues considered
- Whether the petitioner is entitled to regular bail when his name appears only in a confessional statement and not in the FIR
- Whether the petitioner’s antecedent of eight serious cases justifies denial of bail
- Whether the nature of the offences (including murder, attempt to murder, and offences under the Arms Act) precludes the grant of regular bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 323, 341, 506
Subjects
- bail
- regular bail
- Indian Penal Code
- Arms Act
- serious offences
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12134 of 2026
Arising Out of PS. Case No.-446 Year-2020 Thana- DUMRAO District- Buxar
======================================================
Amit Kumar Singh S/o Vivek Singh R/o Village- Badki Kothiya, P.S.- Buxar,
(I), District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhawana Jha, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 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 147, 148, 149, 341, 323, 302
and 506 of the Indian Penal Code as well as Section 27 of the
Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases and is in custody since
27.03.2024 and the informant alleges that accused persons came
on 08.12.2020, at 08:30 a.m., while his father was sitting on a
chair outside the house reading newspaper when Kamlesh
Yadav along with Rajdev Yadav caught his hands while
Mantosh Yadav and Suraj Yadav caught his legs and thereafter
Birbal Yadav shot him below his ears and Amit Yadav shot him
above his eyes and Manish Yadav shot behind the neck while
Patna High Court CR. MISC. No.12134 of 2026(2) dt.05-05-2026
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Saroj Yadav fired 2-3 rounds at his house.
4. Learned counsel for the petitioner submits that
petitioner is not named in the FIR and the name of the petitioner
is Amit Kumar Singh and he is son of Vivek Singh whereas in
the FIR Amit Yadav, son of Suraj Yadav is an accused who is
alleged to have fired above the eyes on the father of the
informant. It is further submitted that name of the petitioner
transpired during the course of investigation in the confessional
statement of Golu Kumar @ Raja Kumar as recorded at para
199 of the case diary.
5. Learned A.P.P. for the State vehemently opposes
the prayer for regular bail of the petitioner and submits that
from perusal of the allegation as alleged in the FIR, it would
manifest that informant has named ten accused persons and also
alleged that three unknown were also present at the place of
occurrence when the occurrence took place and, as such, it is
submitted that during the course of investigation Golu Kumar @
Raja Kumar was also arrested who confessed about the name of
the petitioner. It is next submitted that petitioner has antecedent
of eight serious cases and if the privilege of regular bail is
granted to the petitioner, the petitioner may abscond or try to
tamper with the evidence.
Patna High Court CR. MISC. No.12134 of 2026(2) dt.05-05-2026
3/3
6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to release the
petitioner on bail in connection with Dumraon P.S. Case No.
446 of 2020 pending in the Court of learned Chief Judicial
Magistrate, Buxar/Successor Court.
7. Hence, the prayer for bail is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
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