Patna High Court
Aman Kumar @ Aman SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Since no specific allegation of firing or direct participation is made against the petitioner and a similarly situated co‑accused has been granted bail, the petitioner is entitled to bail.
Summary
The petitioner, Aman Kumar, was arrested on 30‑11‑2024 in connection with a murder case (FIR dated 05‑03‑2024) alleging offences under IPC sections 302, 120(B), 34 and Arms Act section 27. He contended that he was merely an order‑giver and had only restrained the deceased, while the actual firing was carried out by co‑accused persons. The prosecution opposed bail, citing two prior criminal antecedents, though noting the petitioner was already on bail in other matters. The court observed that the FIR does not specifically allege that the petitioner fired the weapon and that a similarly situated co‑accused had previously been granted bail. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence and verification of antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with murder, criminal conspiracy and offences under the Arms Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the lack of specific allegation of firing against the petitioner justifies bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- Arms Act
- Indian Penal Code
- prior criminal antecedent
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12385 of 2026
Arising Out of PS. Case No.-141 Year-2024 Thana- NAUBATPUR District- Patna
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Aman Kumar @ Aman Singh S/o- Sunil Kumar Sharma @ Sunil Sharma @
Sunil Kumar Singh R/v- Barkhurdar Chak Ps- Naubatpur Piplawa Ditrict-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pathak, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 10-07-2026 Heard Mr. Sunil Kumar Pathak, learned counsel for
the petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.11.2024 in connection with Naubatpur P.S. Case No. 141 of
2024, F.I.R. dated 05.03.2024 for the offences punishable under
Sections 302, 120(B) and 34 of IPC and 27 of Arms Act.
3. According to prosecution case, this petitioner along
with other co-accused persons committed murder of the
informant’s husband and her devar by firing.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. As per the allegation alleged in the FIR, firstly, the
Patna High Court CR. MISC. No.12385 of 2026(6) dt.10-07-2026
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petitioner is the order giver and secondly he has caught hold of
the deceased. Specific allegation of firing is against the co-
accused person namely, Anshu Aman Singh along with two
other accused persons and petitioner has been made accused
mainly on the ground because he was accompanying with the
other accused persons. He further submits that from perusal of
the FIR it appears that petitioner has only caught hold the
deceased and co-accused persons namely Anshu Aman Singh,
Bhagat Singh and Mritunjay Kumar have fired upon the
deceased. He further submits that similarly situated, co-accused,
namely, Rishi Kumar @ Rishi Babu has been granted bail by a
co-ordinate Bench of this Court vide order dated 10.10.2025
passed in Cr. Misc. No. 53032 of 2025. He further submits that
the police after investigation submitted the charge sheet against
the petitioner. The petitioner is in custody since 30.11.2024.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries two criminal antecedents other
than the present one but fairly submits that he is on bail in all
the pending matters.
6. Considering the aforesaid facts and circumstances,
there is no specific allegation against the petitioner, specific
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allegation of firing is against the co-accused person namely,
Anshu Aman Singh along with other accused persons, similarly
situated co-accused person has been granted bail by a Co-
ordinate Bench of this Court as well as period of custody, let the
petitioner, 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 the learned ACJM-VI,
Danapur in connection with Naubatpur P.S. Case No. 141 of
2024, subject to the following conditions:-
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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
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.
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
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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