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Patna High Court

Amarjeet KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the application.

Summary

Amarjeet Kumar applied for regular bail in a case registered under Sections 109 and 309(5) of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)a, 26, 35 and 37 of the Arms Act, alleging loot and firing at an informant. The prosecution alleged that the petitioner participated in the loot and that a co‑accused’s self‑inculpatory statements named him. The petitioner claimed innocence, while the State opposed bail, highlighting the seriousness of the offences and the petitioner’s criminal antecedents. The High Court, recalling its earlier order denying bail, found the gravity of the offences and the petitioner’s prior record warranted continued detention. Consequently, the court rejected the bail application and dismissed the petition.

Issues considered

  • Whether regular bail should be granted to the petitioner given the seriousness of offences under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the self‑inculpatory statements of co‑accused establish sufficient grounds to deny bail
  • Whether the petitioner’s criminal antecedents preclude the grant of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • loot
  • self‑inculpatory statement
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26492 of 2026
                      Arising Out of PS. Case No.-427 Year-2024 Thana- SAKRA District- Muzaffarpur
                 ======================================================
                 Amarjeet Kumar son of Hiralal Sahani Resident of Village -Shahpur Khurd,
                 P.S.- Goraul (Kathara), District- Vaishali at Hajipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sudha
                 For the Opposite Party/s :        Mr.Humayou Ahmad Khan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   01-07-2026                     Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with Sakra Town P.S. Case No. 427

                   of 2024. Earlier the bail application of the petitioner was

                   rejected vide order dated 23.07.2025 passed in Cr. Misc. No.

                   17844 of 2025 which reads as under:-

                                                Heard the learned counsel for the
                                   petitioner, learned counsel for the State.
                                                2. The petitioner seeks regular bail in
                                   connection with Sakra Town P.S. Case No. 427 of
                                   2024 registered for the offence under Sections 109
                                   and 309(5) of the Bharatiya Nyaya Sanhita, and
                                   Sections 25(1-b)a, 26, 35 and 37 of the Arms Act.
                                                3. As per the prosecution case, the
                                   petitioner and the other accused persons are
                                   accused of committing loot from the informant.
          Patna High Court CR. MISC. No.26492 of 2026(3) dt.01-07-2026
                                                      2/2




                                    While committing loot they fired at the informant
                                    but the firing hit the co-accused.
                                                 4. Learned counsel for the petitioner
                                    submits that the petitioner is innocent and has not
                                    committed any offence. The petitioner has been
                                    named in the self-inculpatry statement of the co-
                                    accused Ashish Kumar @ Badal. Co-accused Vijay
                                    Kumar has also named the petitioner. He is in
                                    custody since 23.11.2024.
                                                 5.    Learned       A.P.P.   has   vehemently
                                    opposed the prayer for bail of the petitioner.
                                                 6. Considering the criminal antecedent
                                    of similar nature of the petitioner, I am not inclined
                                    to grant bail to the petitioner for the present.
                                                 7. Accordingly, this application for
                                    regular bail is hereby rejected.
                                 3. Considering the gravity of the offence, this Court is

                    not inclined to review its earlier order.

                                 4. Accordingly, this application is dismissed again.



                                               (Sandeep Kumar, J)
Vikas/-

U


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