Patna High Court
Amar Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Amar Kumar Singh, applied for regular bail in a case registered under multiple sections of the BNS, 2023, alleging theft of Rs.20,000 and jewellery. He argued that he has a clean record, has been in custody since 24‑08‑2025, and that the FIR contains no specific allegation of assault against him, only a vague claim of taking valuables. The State and the informant opposed the bail, but the informant’s counsel also acknowledged the lack of a specific assault allegation. The court noted the petitioner’s clean antecedents and the precedent of bail being granted to co‑accused in related matters. Consequently, the court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the BNS, 2023
- Whether the absence of a specific assault allegation justifies granting bail
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 324(3), 3(5), 351(2), 352, 74
Subjects
- bail
- regular bail
- criminal procedure
- BNS 2023
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1809 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- PANCHRUKHI District- Siwan
======================================================
Amar Kumar Singh son of Om Prakash Singh Resident of Village- Chanp
Tole Teghara, PS - Sahayak Sarai, District -Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishore Prasad
For the Opposite Party/s : Mr. Abhay Kumar Roy
Dr. Rahul Ray, Advocate
Mr. Satyendra Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the informant.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 126(2), 115(2), 118(1), 109,
324(3), 303(2), 74, 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 24.08.2025. It is further submitted that FIR has been
registered against eleven accused persons including the
petitioner. The petitioner has been made an accused mainly for
the reason that he is the co-villager of the informant and in the
entire FIR, there is no specific allegation against the petitioner
of committing assault but then petitioner came to be implicated
Patna High Court CR. MISC. No.1809 of 2026(2) dt.20-04-2026
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with an ornamental allegation that he entered the house of the
informant and took away Rs.20,000/- and ornaments. It is next
submitted that Chhotu Kumar had approached this Court
seeking regular bail by filing Cr. Misc. No. 56551 of 2025 and
the same came to be allowed by an order dated 19.08.2025
passed a learned Coordinate Bench of this Court. Further,
Rajesh Singh and Chhatu Kumar also approached this Court
seeking regular bail by filing Cr. Misc. No. 72658 of 2025 and
Cr. Misc. No. 81343 of 2025 and the same came to be allowed
by an order dated 19.11.2025 and 03.12.2025 respectively. It is
next submitted that if the privilege of regular bail is granted to
the petitioner, the petitioner will not abscond rather will
cooperate in the trial to prove his innocence.
4. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant opposed the prayer for
regular bail of the petitioner but then learned learned counsel
appearing on behalf of the informant fairly submits that there is
not specific allegation of assault alleged against the petitioner
but then allegation against him is of taking away Rs.20,000/-
and jewellery from the house of the informant.
5. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
Patna High Court CR. MISC. No.1809 of 2026(2) dt.20-04-2026
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above-named, is directed to be released on bail on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending in connection with
Panchrukhi (Sarai) P.S. Case No. 172 of 2025.
(Satyavrat Verma, J)
Kundan/-
U T
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