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Patna High Court

Amit Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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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