Amit Kumar @ Amit Kumar Yadav @ SalmanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35861 of 2026
                 Arising Out of PS. Case No.-432 Year-2025 Thana- DALSINGHSARAI District- Samastipur
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                 Amit Kumar @ Amit Kumar Yadav @ Salman S/O Rajendra Yadav Resident
                 of Village- Said Nagar, P.S.- Laheriasarai, District- Darbhanga.
                                                                                  ... ... Petitioner/s
                                                     Versus
                 The State of Bihar.                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   08-06-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                                    2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 310(4), 310(5), 310

                   (6) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-b)

                   (a), 35, 27, 26 of the Arms Act.

                                    3. Acting on a tip-off, the police apprehended five

                   persons, who were sitting in a car and upon search of the

                   petitioner, one country made pistol and three live cartridges

                   were recovered from him.

                                    4. It is submitted by learned counsel for the

                   petitioner that the petitioner is not named in the FIR. Five

                   persons were apprehended and named in the FIR and recovery

                   has been shown from four of them, including the petitioner,

                   from whose possession one country made pistol and three live

                   cartridges were recovered. It is further submitted that there was

                   no independent witness to the search and seizure violating the
Patna High Court CR. MISC. No.35861 of 2026(2) dt.08-06-2026
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          mandatory provisions of seizure. The car in question also does

          not belong to the petitioner and he has only been made accused

          on account of his criminal antecedents. It is further submitted

          that it has wrongly been recorded in the bail rejection order that

          22 cases are pending against the petitioner, as a matter of fact,

          the petitioner is accused only in 10 cases and out of 10 in 9

          cases he has been named accused and in one case he was not

          sent up for trial. It is further submitted that the petitioner is on

          bail in all the cases. It is pointed out that one similarly situated

          co-accused,       namely,       Tonikant       Bharti,   having   criminal

          antecedent, has already been granted the privilege of bail by a

          coordinate Bench of this Court vide order dated 11.05.2026

          passed in Cr. Misc. No. 30263 of 2026. It is further pointed out

          that the charge-sheet has been submitted in this case. Petitioner

          is languishing in custody since 05.11.2025

                          5. Learned APP for the State opposed the bail

          petition on the ground that petitioner has several criminal

          antecedents.

                          6. Taking into consideration the facts and

          circumstances of the case and also considering the fact that one

          similarly situated co-accused has already been granted the

          privilege of bail by a coordinate Bench of this Court and
            Patna High Court CR. MISC. No.35861 of 2026(2) dt.08-06-2026
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                      charge-sheet has been submitted against the petitioner,

                      the above named petitioner is directed to be enlarged on bail on

                      furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Court below where the case is pending/successor

                      Court in connection with Dalsingsarai P.S. Case No. 432 of

                      2025, subject to the conditions that :

                                   (i) One of the bailors will be his own blood relative,

                      preferably, father, mother, brother, sister and/or his wife.

                                   (ii) The petitioner shall remain physically present in

                      court on each and every date during trial and in the event of

                      failure on one date without sufficient reasons, his bail bonds

                      shall be liable to be cancelled by the learned court concerned.

                                  7. The petitioner is directed to file an affidavit with

                      regard to his criminal antecedents, which would be verified by

                      the learned Court concerned before releasing him on bail and

                      the said exercise must be completed within a period of two

                      weeks from the date of receipt/production of a copy of this order

                      before him.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T