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Patna High Court

Amit Kumar Yadav @ Baba @ Amit Kumar @ Amit YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs. 50,000, two sureties, and conditions for cancellation on trial delay or non‑appearance.

Summary

The petitioner, Amit Kumar Yadav, was charged under IPC Sections 307 (attempt to murder) and 34 (common intention) and Section 27 of the Arms Act for alleged firing at an injured person. He has ten prior criminal cases and his earlier bail application was rejected. The petitioner argued that a co-accused, Ajit Kumar, in a similar case was eventually granted bail after charge framing, and that the FIR specifically names another person, Dheeraj, as the shooter. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedents. The Court, considering the precedent and the fact that the petitioner is not directly alleged to have fired, granted bail on a bond of Rs. 50,000 with two sureties, one being his father, and imposed conditions for cancellation if he delays the trial or fails to appear.

Issues considered

  • Whether bail should be granted to a petitioner charged with attempt to murder, common intention, and unlawful possession of arms despite multiple prior criminal cases.
  • Whether the precedent of bail granted to a similarly situated co-accused (Ajit Kumar) is applicable.
  • Whether the petitioner is directly implicated in the alleged firing under the FIR.

Legislation cited

Subjects

  • bail
  • IPC Section 307
  • IPC Section 34
  • Arms Act Section 27
  • antecedent criminal cases
  • trial delay
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66718 of 2025
                         Arising Out of PS. Case No.-440 Year-2023 Thana- PIRO District- Bhojpur
                 ======================================================
                 Amit Kumar Yadav @ Baba @ Amit Kumar @ Amit Yadav S/o Sanjay Yadav
                 @ Sanjay Singh @ Sanjay Kumar Singh R/o Village- Laharabad, P.S.- Piro,
                 District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shashank Shekhar
                 For the Opposite Party/s :        Mr.Satyendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-02-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 307 and 34 of the Indian

                   Penal Code and Section 27 of the Arms Act.

                             3.    Learned counsel for the petitioner submits that this

                   is the second attempt of the petitioner to seek bail. It is next

                   submitted that petitioner had earlier moved before this Court

                   seeking regular bail by filing Cr. Misc No. 51652 of 2024 and

                   the same came to be rejected by an order dated 25-10-2024

                   taking into consideration the fact that petitioner has antecedent

                   of 10 criminal cases.

                             4.    It is next submitted that similarly situated co-
Patna High Court CR. MISC. No.66718 of 2025(2) dt.25-02-2026
                                            2/3




          accused Ajit Kumar had also approached this Court seeking

          regular bail by filing Cr. Misc No. 35540 of 2024 and the same

          came to be rejected by an order dated 20-9-2024 with liberty to

          the petitioner to renew his prayer for bail after framing of

          charge. It is further submitted that Ajit Kumar also had

          antecedent of eight cases. It is also submitted that charges

          against Ajit Kumar was framed by an order dated 14-5-2025, as

          such he again moved this Court seeking regular bail by filing Cr

          Misc No. 44997 of 2025 and the same came to be allowed by an

          order dated 4-7-2025 with certain conditions.           It is next

          submitted that against the petitioner also charges have been

          framed by order dated 14-5-2025 and the case of the petitioner,

          if not akin, is similar to the case of Ajit Kumar. It is further

          submitted that allegation is of firing at the injured, but then from

          perusal of the allegation as alleged in the FIR, it would manifest

          that specific allegation of firing is against Dheeraj and petitioner

          is not alleged to have fired.

                   5.     Learned A.P.P. for the State vehemently opposes

          the prayer for bail of the petitioner.

                   6.     Considering the submission made by learned

          counsel for the petitioner and also taking into consideration the

          fact that charges against the petitioner have been framed by
              Patna High Court CR. MISC. No.66718 of 2025(2) dt.25-02-2026
                                                          3/3




                        order dated 14-5-2025, let the petitioner above named be

                        released on bail on furnishing bail bond of Rs. 50,000/- (Rupees

                        Fifty Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Piro P.S. Case No.

                        440 of 2023.

                                 7.     One of the bailors of the petitioner shall be his

                        father, Sanjay Yadav @ Sanjay Singh @ Sanjay Kumar Singh.

                                 8.     However, it is made clear that if the learned trial

                        court comes to a conclusion that the petitioner after his release

                        is trying to delay the trial or is not appearing in the trial on two

                        consecutive dates without any plausible explanation, in both the

                        events, the learned trial court shall be at liberty to cancel the bail

                        bonds of the petitioner.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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