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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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