Patna High Court
Amarjeet Kumar @ Amarjeet RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on condition of a bail bond of Rs.10,000 and two sureties.
Summary
Amarjeet Kumar was arrested for alleged theft under sections 331(3), 305, 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 after two co‑accused escaped and watches and other articles were reportedly recovered from his possession. He has been in custody since 18 July 2025 and a chargesheet has been filed. The petitioner contended that he was falsely implicated and that no incriminating article was actually recovered. The State opposed his application for regular bail. After considering the FIR, investigation material and the six‑month custodial period, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Additional District and Sessions Judge, Arwal.
Issues considered
- Whether regular bail should be granted to the accused who has been in custody for six months and against whom a chargesheet has been filed under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 317(2), 331(3), 3(5)
Subjects
- bail
- regular bail
- theft
- chargesheet
- custody
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6106 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- Shahartelpa P.S. District- Arwal
======================================================
Amarjeet Kumar @ Amarjeet Ram Son of Sanjay Ram Resident of Village -
Majidpur, P.S. -Kinjar, District - Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parth Sarthy, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sahar Telpa P.S. Case
no.76 of 2025 registered under sections 331(3), 305, 317(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, three accused persons
including the petitioner herein were seen committing theft in the
house of the informant. While the two co-accused managed to
escape, the petitioner was caught at the place of occurrence and
two watches besides other articles mentioned in the FIR were
recovered from his possession.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession. He
Patna High Court CR. MISC. No.6106 of 2026(2) dt.04-02-2026
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is in custody since 18.7.2025 and chargesheet has been
submitted in the case.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the material that has transpired in course of
investigation as discussed in the order of the learned trial Court,
the petitioner being in custody for 6 months since 18.7.2025 and
chargesheet having been submitted in the case, the Court directs
the petitioner to be enlarged on bail in connection with Sahar
Telpa P.S. Case no.76 of 2025 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 1 st Additional
District and Sessions Judge, Arwal.
(Partha Sarthy, J)
Saurabh/-
U T
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