Patna High Court

Amit Kumar @ Amit RamversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Amit Kumar was arrested in connection with a theft case (Piprahi PS Case No. 172 of 2025) alleged under Sections 303(2), 317(2) and 3(5) of the B.N.S., 2023. He contended that he was falsely implicated, not named in the FIR, and that the FIR was lodged 11 days after the incident without justification. The petitioner argued that the stolen bike was recovered from three other persons, no material was found on him, and he had no prior criminal record, having been in judicial custody since 9 September 2025. The State opposed bail, but the court noted the lack of incriminating evidence, the delay in filing the FIR, and the precedent of bail granted to a co‑accused in a similar case. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner given the delay in filing the FIR, lack of material evidence against him, and his claim of innocence.

Legislation cited

B.N.S., 2023 — s. 303(2), 317(2), 3(5)

Subjects

bail
criminal procedure
delay in FIR
confessional statement
co‑accused
judicial custody
B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2469 of 2026
                       Arising Out of PS. Case No.-172 Year-2025 Thana- PIPRAHI District- Sheohar
                 ======================================================
                 Amit Kumar @ Amit Ram S/O Singhasan Ram @ Sinhasan Ram R/O
                 Village- Sonaul Sultan, P.S- Purnahiya, Distt.- Sheohar.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :        Mr. Anil Kumar Singh No. 1, 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 Piprahi P.S. Case No. 172 of 2025 registered for the

                   offence punishable under Sections 303(2), 317(2), 3(5) of the

                   B.N.S., 2023.

                                3. The case of the prosecution is that the informant’s

                   bike was stolen by 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. The petitioner is not named in FIR. Learned counsel for

                   the petitioner submits that during the course of investigation,
Patna High Court CR. MISC. No.2469 of 2026(2) dt.05-02-2026
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          police had information that three persons had gathered to sell a

          stolen bike and two bikes were recovered from them. One of

          the bikes is the stolen bike. He also submits that nothing has

          been recovered from the possession of this petitioner rather the

          recovery was made from the joint possession of three persons.

          There is also delay of 11 days in lodging the FIR without

          explaining the plausible reason. During investigation, police

          has taken the confessional statement of the petitioner. Except

          that, there is nothing against him. A statement has been made

          in para-3 of this petition that the petitioner has got no criminal

          antecedent. Moreover, petitioner is languishing in judicial

          custody since 09.09.2025. It has further been submitted that

          similarly situated other co-accused person has already been

          granted bail by this court vide order dated 15.12.2025 passed

          in Cr. Misc. No. 84921 of 2025. The case of this petitioner

          stands on similar footing.

                       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
            Patna High Court CR. MISC. No.2469 of 2026(2) dt.05-02-2026
                                                        3/3




                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the learned

                      Judicial Magistrate, First Class, Sheohar in connection with

                      Piprahi P.S. Case No. 172 of 2025.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T

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