Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)a, 26, 35, 37
- Bharatiya Nyaya Sanhita — s. 109, 309(5)
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/-
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