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Patna High Court

Amit Kumar @ AmitversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Amit Kumar, was arrested on 5 August 2025 in connection with a 2021 FIR alleging assault with the butt of a pistol and theft of Rs. 52,000 and a mobile, offences punishable under Sections 395 and 397 of the Indian Penal Code. The prosecution claims he and co‑accused committed the robbery, while the petitioner contends he was falsely implicated, was not named in the FIR, and was identified only through a photograph, with no material recovered from his possession. The petitioner also highlighted that no Turn‑In‑Piece (TIP) investigation had been conducted and he had been in custody for an extended period. The State opposed bail, noting three other pending cases against the petitioner. Considering the lack of TIP, the prolonged custody, and the circumstances, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to a person accused under Sections 395/397 IPC in the absence of a TIP investigation and after prolonged custody.
  • Whether the petitioner’s claim of false implication and lack of material recovery warrants bail.
  • Whether the petitioner’s other pending criminal cases affect the grant of bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Section 395
  • Section 397
  • robbery
  • dacoity
  • turn‑in‑piece
  • criminal antecedent
  • prolonged custody
  • identification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3765 of 2026
                   Arising Out of PS. Case No.-462 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Amit Kumar @ Amit son of Bishwanath Ray @ Vishwanath Ray Resident of
                 Village- Muksudpur @ Maksudpur, Ps- Rampurhari, Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-01-2026                  Heard Mr. Arvind Kumar, learned counsel for the

                   petitioner and Mr. Ajit Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   05.08.2025 in connection with Runnisaidpur P.S. Case No. 462

                   of 2021, F.I.R. dated 17.08.2021 for the offences punishable

                   under Sections 395/397 of the Indian Penal Code.

                                3. According to prosecution case, petitioner and other

                   co-accused person assaulted the informant with butt of pistol on

                   his head and snatched Rs. 52,000/- and a mobile from him.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. Learned counsel further submits that the petitioner

                   is not named in the F.I.R. and the name of the petitioner has
Patna High Court CR. MISC. No.3765 of 2026(2) dt.30-01-2026
                                            2/3




          been transpired during investigation. The petitioner has been

          identified by the informant by showing photograph of the

          petitioner. Learned counsel further submits that nothing has

          been recovered from the conscious possession of the petitioner

          and till date no TIP has been conducted by the prosecution and

          the police after investigation, submitted chargesheet against the

          petitioner and the petitioner is in custody since 05.08.2025

                       5. Learned APP for the State have vehemently

          opposed the prayer for bail of the petitioner and submits that the

          petitioner carries three more cases other than the present one.

                       6. Considering the aforesaid facts and circumstances

          and also the fact that till date no TIP has been conducted by the

          prosecution against the petitioner and the period of custody of

          the petitioner, 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

          the learned Sessions Judge, Sitamarhi in connection with

          Runnisaidpur P.S. Case No. 462 of 2021, 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

          and shall remain physically present as directed by the court and
            Patna High Court CR. MISC. No.3765 of 2026(2) dt.30-01-2026
                                                        3/3




                      on 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)

Ranjeet/-

U      T


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