Patna High Court
Amit Kumar @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted as the motorcycle used in the crime and part of the looted money were recovered from the petitioners, indicating their involvement.
Summary
The petitioners, Pintu Kumar and Amit Kumar, were charged under Section 309(4) of the Bihar Negotiable Instruments Act for looting Rs. 4,74,000. They applied for regular bail, claiming false implication and no incriminating articles in their possession, while acknowledging prior criminal antecedents. The prosecution opposed bail, asserting that Pintu Kumar owned the motorcycle used in the offence and Amit Kumar was his accomplice, and that the motorcycle and part of the looted money were recovered from them. The court examined the material evidence and the petitioners' criminal records. Finding the recovery of the vehicle and money indicative of their involvement, the court declined to grant bail. Consequently, both bail applications were dismissed.
Issues considered
- Whether bail should be granted to the accused under Section 309(4) of the Bihar Negotiable Instruments Act in view of the recovery of the alleged weapon (motorcycle) and part of the looted proceeds from their possession.
- Whether the petitioners' prior criminal antecedents and custodial status affect the grant of regular bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(4)
Subjects
- bail
- criminal antecedent
- loot
- motorcycle
- Section 309
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10966 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- SANDESH District- Bhojpur
======================================================
Pintu Kumar S/O Upendra Singh Resident of Village- Khanet, P.S.- Pawna,
District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 18212 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- SANDESH District- Bhojpur
======================================================
Amit Kumar @ Anil Kumar S/O- Sohan Singh R/O Village- Padma, PS-
Pawana, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 10966 of 2026)
For the Petitioner/s : Mr.Akanksha Malviya, Advocate
Mr.Akash Keshar, Advocate
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
(In CRIMINAL MISCELLANEOUS No. 18212 of 2026)
For the Petitioner/s : Mr.Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 16-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with
Sandesh P.S. Case No. 223/2025 registered for the offences
punishable under Section 309(4) of B.N.S.
3. As per the prosecution case, unknown criminals
Patna High Court CR. MISC. No.10966 of 2026(3) dt.16-04-2026
2/2
committed loot of Rs. 4,74,000/-.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in the case. No
incriminating articles has been recovered from their possession.
Learned counsel further submits that petitioner namely, Pintu
Kumar has one criminal antecedent and petitioner namely, Amit
Kumar has two criminal antecedents and they are in custody
since 15.10.2025. The petitioners undertake to co-operate in the
case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioners on the ground that petitioner
namely, Pintu Kumar is the owner of the motorcycle which was
used in commiting the crime and petitioner namely, Amit
Kumar was his accomplice.
6. Considering the recovery of motorcycle used in
committing crime from petitioner namely, Pintu Kumar and part
of looted money and passbook etc. from petitioner namely, Amit
Kumar, this Court is not inclined to grant bail to the petitioners.
7. Accordingly, these applications stand dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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