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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, finding that the evidence was insufficient to justify continued detention.

Summary

Amit Kumar applied for bail in a criminal case (Sonhan P.S. Case No. 147 of 2025) involving offences under Sections 309(6) of the B.N.S., 2023, Section 27 of the Arms Act and Section 103(1) of the B.N.S., 2023. The incident involved the robbery of an informant and his brother, the latter dying from gunshot injuries, with the FIR lodged against unknown persons. The prosecution’s case rests solely on the confessional statements of co‑accused Harendra Kumar and Ritik Raushan, in which Amit Kumar’s name is mentioned, and no other material evidence links him to the crime. The petitioner contended that he is innocent and has been falsely implicated, noting that Harendra Kumar had previously been granted bail. After hearing both sides, the Court found the lack of substantive evidence sufficient to justify bail and ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner when the only evidence against him is his name appearing in co‑accused confessional statements.
  • Whether the seriousness of the offences under the B.N.S. and Arms Act precludes bail in the absence of corroborative evidence.

Legislation cited

Subjects

  • bail
  • confessional statement
  • arms act
  • narcotic substances
  • criminal procedure
  • investigation
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2375 of 2026
                  Arising Out of PS. Case No.-147 Year-2025 Thana- SONHAN District- Kaimur (Bhabua)
                 ======================================================
                 Amit Kumar S/o Sohan Ram Resident of Village- Khanaw, P.S.- Bhabua,
                 District- Kaimur at Bhabua                           ... ... Petitioner/s
                                             Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Sonhan P.S. Case No. 147 of 2025 registered for the offence

                   punishable under Sections 309(6) of the B.N.S., 2023 and Section

                   27 of the Arms Act and added Section 103(1) of the B.N.S., 2023.

                                3. The case of the prosecution is that informant along

                   with his brother Yudhisthir Seth was going towards their home

                   after closing the shop on a Luna motorcycle in the market, when

                   three persons on another motorcycle intercepted him, snatched

                   his bag, and opened fire. During the course of treatment, the

                   informant’s brother, namely, Yudhisthir Seth, succumbed to his

                   injuries. The FIR was lodged against unknown miscreants.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. During the
            Patna High Court CR. MISC. No.2375 of 2026(2) dt.05-02-2026
                                                        2/2




                      course of investigation, name of this petitioner has surfaced in the

                      confessional statement of co-accused Harendra Kumar. Learned

                      counsel for the petitioner has submitted that save and except

                      confessional statement there is nothing against the petitioner. It

                      has further been submitted that Harendra Kumar on whose

                      confessional statement, name of this petitioner has surfaced, has

                      been granted bail by this Court vide Cr. Misc. No. 87202 of 2025.

                      During course of investigation one Ritik Raushan @ Bobby has

                      given his confessional statement and he has stated that he himself

                      fired at the back of Yudhisthir Seth.

                                   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 learned Chief

                      Judicial Magistrate, Kaimur at Bhabua in connection with Sonhan

                      P.S. Case No. 147 of 2025.



                                             (Ashok Kumar Pandey, J)
durgesh/-
U      T


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