Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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