Patna High Court
Amit Raj @ Amit Kumar @ Golu Kumar @ Golu @ MichelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Amit Raj, was arrested in connection with a 2018 murder case (Sections 302 and 34 IPC) where a youth died after being thrown from a roof. The FIR was lodged a month after the incident, with no family statements, post‑mortem report, or eyewitness testimony. Two co‑accused had already been granted bail by this Court in separate proceedings. The petitioner argued that his inclusion was merely on suspicion and that the prosecution's case was vague. The State opposed bail, but the Court, noting the lack of substantive evidence and the precedent of bail to co‑accused, ordered the petitioner’s release on bail with a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges under Sections 302 and 34 IPC.
- Whether the absence of a post‑mortem report, family statements, and eyewitnesses renders the prosecution case insufficient to deny bail.
- Whether the grant of bail to co‑accused in similar circumstances mandates bail to the petitioner.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Section 480(3) BNSS
- criminal procedure
- evidence
- co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3485 of 2026
Arising Out of PS. Case No.-108 Year-2018 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Amit Raj @ Amit Kumar @ Golu Kumar @ Golu @ Michel Son of Late
Kapildev Manjhi Resident of Village- Sandha Mathiya Hemnagar, P.S.-
Chapra Muffasil, District- Saran (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar, Adv.
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Chapra Muffasil P.S. Case No. 108 of 2018,
registered for the offences under Sections 302 and 34 of the
IPC.
3. As per the prosecution case, one youth was oust
from the roof who received injuries and succumbed to his
injuries during treatment. The petitioner and other co-accused
persons were named in the FIR who were involved in causing
the death of the said youth Sanjay Kumar over dispute of
sharing of money.
4. Learned counsel for the petitioner submits that the
FIR has been lodged by a police inspector after a month of the
occurrence. Till date no family members of the deceased has
come forward and even during investigation the police did not
record their statement. There is no inquest or post mortem report
Patna High Court CR. MISC. No.3485 of 2026(2) dt.28-01-2026
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and no eye witness to the occurrence. The co-accused Suraj
Kumar Singh and Tinku Kumar Sharma are stated to have
confessed before the police about killing of the deceased in
connection Bhagwan Bazar P.S. Case No. 60 of 2018. These co-
accused persons have been granted bail by different Co-ordinate
Benches of this Court. Co-accused Suraj Kumar Singh has been
granted bail vide order dated 02.11.2018 passed in Cr. Misc. No.
66080 of 2018 and co-accused Tinku Kumar Sharma has been
granted bail vide order dated 26.03.2019 passed in Cr. Misc. No.
16131 of 2019. The petitioner for the first time came to know
about the present case when the police arrested him from his
house on 26.10.2025. Learned counsel further submits that the
petitioner has been named in this case merely on suspicion and
due to his criminal antecedent as the petitioner is having
antecedent of three cases. The petitioner is in custody since
27.10.2025 and charge sheet has been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
vague nature of allegation and also considering grant of bail to
other similarly place co-accused persons, the petitioner is
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directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned CJM,
Saran at Chapra/concerned court, in connection with Chapra
Muffasil P.S. Case No. 108 of 2018, subject to the condition laid
down under Section 480(3) of the BNSS and other following
conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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