Patna High Court
Amit Kumar @ AmitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 395, 397
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
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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
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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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