Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner on the condition of a Rs.10,000 bond, two sureties, and compliance with stipulated conditions.
Summary
The petitioner, Amit Kumar, was arrested on suspicion of involvement in a robbery of a pistol on 12 October 2025 and has been in custody since 14 October 2025. He claims a clean antecedent, asserts that he is not named in the FIR, and that no tip‑off (TIP) investigation has been conducted against him, while the recovered weapon was linked to a co‑accused. The prosecution opposed bail, relying on the alleged suspicion and the seriousness of the offence under Section 309(4) of the Bharatiya Nyay Sanhita, 2023. The court, after considering the lack of concrete evidence, the petitioner’s clean record, and the absence of a TIP, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s antecedent but not to delay the release.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyay Sanhita, 2023, given the circumstances of suspicion and lack of TIP investigation.
- Whether the petitioner’s clean antecedent and the absence of recovered material in his possession justify bail despite the seriousness of the alleged offence.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 309(4)
Subjects
- bail
- criminal procedure
- suspicion
- clean antecedent
- Bharatiya Nyay Sanhita
- Section 309(4)
- TIP investigation
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19375 of 2026
Arising Out of PS. Case No.-196 Year-2025 Thana- Bhararhi District- Madhepura
======================================================
Amit Kumar Son of Akhilesh Kumar Resident of Village - Baliyaspatti
Parsarma, P.S. And District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
; Ms. Isha Mishra, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Sharda Nand Mishra, learned counsel for
the petitioner as well as Ms. Rina Sinha, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.10.2025 in connection with Bharrahi P.S. Case No. 196 of
2025, F.I.R. dated 13.10.2025 for the offences punishable under
Sections 309(4) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, on 12.10.2025 at
about 10.00 PM the informant, who is bodyguard of ASJ-VIth,
Madhepura along with his friend were coming from Gwalpara
to police line, Madhepura. He guesses two boys riding on a
motorcycle were chasing him. While driving, one truck came in
front of him due to which the informant fell down and his pistol
Patna High Court CR. MISC. No.19375 of 2026(2) dt.31-03-2026
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fell down. Then informant lifted his pistol in injured condition
but till then two boys came there, snatched his pistol and fled
away.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Petitioner is not named in the FIR
and merely on the basis of suspicion he was arrested and his
confessional statement was taken before the police. Nothing has
been recovered from the conscious possession of the petitioner.
Infact looted arms were recovered from the house of the co-
accused Jaskaran Kumar and till date no TIP has been conducted
by the prosecution and the petitioner is in custody since
14.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and his name transpired on the
basis of suspicion and till date no TIP has been conducted by the
prosecution, 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 C.J.M., Madhepura in connection with Bharrahi P.S.
Patna High Court CR. MISC. No.19375 of 2026(2) dt.31-03-2026
3/3
Case No. 196 of 2025, 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
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)
Suruchi/-
U T
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