Patna High Court
Amit Kumar @ Amit YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner, Amit Kumar, subject to bond and sureties.
Summary
The petitioner, Amit Kumar, was arrested in connection with a case involving alleged extortion, rioting, murder, theft, conspiracy and unlawful possession of arms, as per Sections 147, 341, 386, 302, 379, 120(B), 504 of the IPC and Section 27 of the Arms Act. The FIR alleges that co‑accused Kamli Yadav demanded Rs.5,00,000 at a fishing spot and ordered Bangali Yadav to kill the deceased. The petitioner contended that he was falsely implicated, that no specific overt act was attributed to him, and highlighted that bail had already been granted to co‑accused Kamli Yadav. The State opposed the bail on the ground of the seriousness of the offences. The court, after considering the facts, granted bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to his cooperation with the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the gravity of the offences including murder and conspiracy.
- Whether the allegations against the petitioner constitute a specific overt act sufficient to deny bail.
- Whether the grant of bail to a co‑accused influences the bail decision for the petitioner.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 147, 302, 341, 379, 386, 504
Subjects
- bail
- extortion
- murder
- conspiracy
- IPC
- Arms Act
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42159 of 2025
Arising Out of PS. Case No.-168 Year-2024 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Amit Kumar @ Amit Yadav son of Biren Yadav @ Bihari Yadav @ Indra dev
Prasad Yadav village- Khardiyara, Ps- Sahebpurkamal, dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 31-01-2026 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-147, 341, 386, 302, 379,
120(B), 504 of the Indian Penal Code and 27 of the Arms Act.
3. According to allegation, the accused persons came
to the fishing place where Gopal Sahani was collecting fishes
and demanded Rs. 5,00,000/- (five lacs) as extortion. It has
further been mentioned in the FIR that the co-accused Kamli
Yadav ordered Bangali Yadav to kill the deceased who then shot
the deceased.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
Patna High Court CR. MISC. No.42159 of 2025(4) dt.31-01-2026
2/2
in this case. There is no specific overt act against the petitioner.
The allegation against him is general and omnibus. The order
giver Kamli Yadav has been granted bail. The case of the
petitioner is on better footing to that of the co-accused, Kamli
Yadav who has been granted bail. The petitioner is under
incarceration since 02-04-2025.
5. On the other hand, Mr. Shailendra Kumar, learned
APP for the State has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, 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 Additional Chief
Judicial Magistrate-IV, Begusarai in connection with Sahebpur
Kamal P.S. Case No. 168 of 2024 with condition that the
petitioner shall cooperate with the trial of the case and make
himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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