Patna High Court
Amit Kumar @ Amit SoniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Amit Kumar, sought bail in a case registered as Koilwar P.S. Case No.204 of 2025 for an offence punishable under Section 309(4) of the BNS. The prosecution alleged that the petitioner was implicated based on confessional statements of co‑accused Ankit Rai, Vikash Kumar and Sanjeet Kumar, although no material was recovered from him and no TIP was conducted. The petitioner argued that similarly situated co‑accused had been granted bail in several earlier miscellaneous criminal matters and that he had been in judicial custody since 15 January 2026. The State opposed the bail application. After considering the facts, the court found the petitioner’s situation comparable to the earlier cases and ordered that he be released on bail upon furnishing a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to bail under Section 309(4) of the BNS given the circumstances of the case.
Legislation cited
- BNS — s. 309(4)
Subjects
- bail
- Section 309(4) BNS
- confessional statements
- co‑accused
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18719 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- KOILWAR District- Bhojpur
======================================================
Amit Kumar @ Amit Soni S/O Ramji Prasad R/O Village- Krishnanagar
Chandwa, P.S- Ara Nawada, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Nematullah, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Koilwar P.S. Case No.204 of 2025 registered for the offence
punishable under Section 309(4) of the BNS.
3. The case of the prosecution, in short, is that while the
informant was returning from jewellery shop, in the meantime,
four unknown miscreants on two bikes intercepted the informant
and on the gun point looted the jewellery and mobile phone of the
informant.
4. Learned counsel appearing on behalf of the petitioner
has submitted that the FIR was lodged against unknown
miscreants. During course of investigation, the name of this
petitioner has appeared in this case on the basis of the
confessional statement of co-accused persons Ankit Rai, Vikash
Patna High Court CR. MISC. No.18719 of 2026(2) dt.24-03-2026
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Kumar and Sanjeet Kumar. It has further been submitted that
nothing has been recovered from the possession of this petitioner.
No TIP has been conducted. It has further been submitted that
similarly situated co-accused persons have been granted bail by
the learned Co-ordinate Benches of this Court vide Cr. Misc. Nos.
81562 of 2025, 81667 of 2025, 85891 of 2025, 88370 of 2025 and
90165 of 2025. The case of this petitioner stands on similar
footing. Learned counsel for the petitioner has further submitted
that the petitioner is languishing in judicial custody since
15.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the court of learned
C.J.M., Bhojpur at Ara in connection with Koilwar P.S. Case
No.204 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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