Patna High Court
Amrit Raj @ Bittu Kumar @ Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Amrit Raj, was arrested on 16 February 2026 in connection with a 2022 FIR alleging offences under IPC sections 341, 307, 34 and Arms Act section 27. The FIR specifically attributes the act of firing that injured an informant to co‑accused Amit Kumar Choudhary, while the petitioner is alleged only to be a member of the mob. The petitioner pleaded clean antecedent and highlighted a four‑day delay in filing the FIR, arguing that the case was fabricated to implicate him, especially since another co‑accused, Chandan Chaudhary, had been granted anticipatory bail earlier. The State opposed bail. The Court, considering the clean record and the lack of direct allegation against the petitioner, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under IPC sections 341, 307, 34 and Arms Act section 27.
- Whether the delay in filing the FIR and the clean antecedent of the petitioner justify granting bail.
- Whether the grant of anticipatory bail to a co‑accused influences the bail decision for the petitioner.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34, 341
Subjects
- bail
- criminal procedure
- IPC
- Arms Act
- anticipatory bail
- false implication
- delay in FIR
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28868 of 2026
Arising Out of PS. Case No.-76 Year-2022 Thana- TEGHRHA District- Begusarai
======================================================
Amrit Raj @ Bittu Kumar @ Kanhaiya Kumar S/o- Sanjiv Singh @ Ram
Kumar Singh Resident of Village- Aadharpur, Ward No. 11, P.S.- Teghra,
District-Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate
: Mr.Amit Prakash,Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-05-2026 Heard Mr. Binod Kumar,learned counsel for the
petitioner and Mr.Manoj Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
16.02.2026 in connection with Teghra P.S. Case No. 76 of
2022, F.I.R. dated 25.03.2022 registered for the offence
punishable under Sections 341,307,34 of IPC and Section 27 of
Arms Act.
3. Specific allegation against co-accused person,
namely, Amit Kumar Choudhary is that he made firing upon the
informant from behind which hit on the back of his head.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR that although the petitioner is named in the FIR but
Patna High Court CR. MISC. No.28868 of 2026(2) dt.01-05-2026
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there is Specific allegation of firing is attributed against co-
accused person, namely, Amit Kumar Choudhary and petitioner
may be a member of the mob. It appears from the FIR that the
date of occurrence as alleged in the FIR is 21.03.2022 but the
present FIR has been instituted on 25.03.2022 after delay of four
days without giving any explanation of delay afterthought only
to falsely implicate the petitioner in the present case and
similarly situated co-accused person, namely, Chandan
Chaudhary @ Kariya has been granted privilege of anticipatory
bail by this Court vide order dated 18.11.2025 passed in Cr.
Misc. No.77553 of 2025 and the petitioner is in custody since
16.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has
clean antecedent, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned C.J.M., Begusarai in connection with Teghra P.S. Case
No. 76 of 2022,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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