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Patna High Court

Amit Kumar @ Amit YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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