Patna High Court

Amit KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court granted bail to the petitioner.

Summary

Amit Kumar was arrested in connection with a case of looting a Scorpio vehicle and charged under Section 309(6) of the Bhartiya Nyay Sanhita. He had been in custody since 25 June 2025 and sought bail, arguing that he had a clean antecedent, the investigation was complete, and there was no risk of evidence tampering. The prosecution opposed bail, contending that the petitioner may have known the vehicle was stolen. The court considered the nature of the accusation, the completed investigation, and the length of custody, and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the B.N.S.S.

Issues considered

Whether bail should be granted to an accused under Section 309(6) of the Bhartiya Nyay Sanhita when the investigation is complete and the accused has been in custody for an extended period.
Whether the conditions prescribed under Section 437(3) of the Criminal Procedure Code and Section 480(3) of the Bhartiya Nyay Sanhita are applicable for granting bail.

Legislation cited

Bhartiya Nyay Sanhita — s. 309(6), 480(3)
Code of Criminal Procedure, 1973 — s. 437(3)

Subjects

bail
stolen property
criminal procedure
Bhartiya Nyay Sanhita
Section 309
investigation completed
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6843 of 2026
                      Arising Out of PS. Case No.-379 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Amit Kumar S/o Lal Ji Prasad R/o Village - Bahuara, P.S.- Gaurichak, District
                 - Patna
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Awadhesh Kumar
                 For the Opposite Party/s :       Mr.Md. Ataur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-02-2026                    Heard the parties.

                               2. The accused/petitioner seeks bail in connection

                   with Gaurichak P.S. Case No. 379 of 2025 registered for the

                   offences under Sections 309(6) of the Bhartiya Nyay Sanhita.

                               3. The accused/petitioner is named in the First

                   Information Report and is in custody since 25.06.2025.

                               4. As per FIR, unknown miscreants alongwith named

                   co-accused persons looted the Scorpio vehicle of the

                   informant while he visited a site.

                               5. It is submitted by learned counsel appearing on

                   behalf of the petitioner that name of this petitioner transpired

                   during course of investigation on the basis of confessional

                   statement of co-accused. It is submitted that nothing
Patna High Court CR. MISC. No.6843 of 2026(2) dt.06-02-2026
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          surfaced during investigation which may suggest that

          petitioner was under knowledge that Scorpio vehicle is stolen

          property. It is pointed out that admittedly as it was purchased

          against Rs. 50,000/- therefore suspicion was drawn that the

          petitioner purchased the Scorpio knowingly that same is

          stolen property. It is pointed out that looted scorpio car was

          recovered from an open place easily accessible by general

          public. While concluding argument, it is submitted that

          petitioner is a man of clean antecedent and, moreover,

          investigation of this case is already concluded, for which

          charge-sheet has been submitted and as such, there is no

          chance of tampering with the evidence.

                       6. Learned A.P.P. opposes the prayer for bail.

                       7. In view of aforesaid factual submission and by

          taking note of the nature of accusation in totality, coupled

          with the fact that investigation of this case is already

          completed, where petitioner remains in custody since

          25.06.2025, accordingly, above-named petitioner is directed

          to be released on bail, furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand only) with two sureties of the like
               Patna High Court CR. MISC. No.6843 of 2026(2) dt.06-02-2026
                                                           3/3




                         amount each to the satisfaction of learned Additional Chief

                         Judicial     Magistrate-II,       Patna      City/concerned   court,   in

                         connection with Gaurichak P.S. Case No. 379 of 2025,

                         subject to the condition as laid down under Section 437(3)

                         Cr.P.C/Section 480(3) of the B.N.S.S.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T

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