Created by Fuzzy Cloud

Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Aman Kumar applied for bail in a case registered as Sarai P.S. Case No.176 of 2024 under Section 317 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. He was not named in the FIR but was implicated through a confessional statement of co‑accused Neeraj Kumar and has been in custody since 28‑06‑2025. The allegations involve threatening an informant with a pistol and stealing Rs.72,875 along with other valuables. The petitioner argued that the investigation is complete, a charge‑sheet has been filed, and a similarly situated co‑accused, Anmol Kumar, was previously granted bail. The Additional Public Prosecutor opposed bail, but the court found no prima facie incriminating material beyond the confession and noted the prolonged custody, granting bail on a Rs.10,000 bond with two sureties, subject to conditions under CrPC Section 437(3) and BNSS Section 480(3).

Issues considered

  • Whether bail should be granted to the petitioner under Section 317 read with 3(5) of the Bhartiya Nyaya Sanhita given the circumstances of the case
  • Whether the confession of a co‑accused constitutes sufficient prima facie evidence to deny bail
  • Whether the grant of bail to a similarly situated co‑accused is relevant to the petitioner’s bail application
  • Whether the duration of custody and completion of investigation justify the release on bail

Legislation cited

Subjects

  • bail
  • Section 317 B.N.S.
  • confession
  • co‑accused
  • charge‑sheet
  • surety
  • CrPC
  • BNSS
  • investigation completed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69680 of 2025
                        Arising Out of PS. Case No.-171 Year-2024 Thana- SARAI District- Vaishali
                 ======================================================
                 Aman Kumar, S/o Krishna Kant Singh, R/o Village-Ghataro Ramnagar Tola,
                 P.S.- Kartaha, District- Vaishali
                                                                           ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manindra Kishore Singh, Advocate
                 For the Opposite Party/s :        Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Sarai P.S. Case No.176 of 2024 registered for the

                   offences punishable under Sections 317 read with 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’).

                                3. The accused/petitioner is not named in the FIR

                   and is in custody since 28.06.2025.

                                3.     The allegation against the petitioner is to

                   threaten the informant with a pistol and took away the

                   company’s collection amount of Rs.72,875/- along with other

                   valuables, including tab and bio-metric machines.

                                4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.69680 of 2025(2) dt.05-02-2026
                                            2/3




          the petitioner that name of petitioner transpired during course

          of investigation on the basis of confessional statement of co-

          accused namely, Neeraj Kumar. It is pointed out that co-

          accused Anmol Kumar was also named by apprehended co-

          accused Neeraj. It is submitted that the case of this petitioner

          is of equal footing to that of co-accused Anmol Kumar. In this

          context, it is submitted by learned counsel that said co-

          accused Anmol Kumar was granted bail by one of the learned

          co-ordinate Bench of this Court through Cr. Misc. No.31018

          of 2025 dated 14.08.2025. The petitioner was not put on

          T.I.P. as yet. While concluding argument, it is submitted that

          investigation of this case is already completed, for which,

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

          chance of tampering with the evidence. The petitioner found

          involved in one more criminal case, where he is on bail.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as except confession prima facie nothing

          incriminating appears against the petitioner, coupled with the

          fact that similarly situated co-accused person has already
         Patna High Court CR. MISC. No.69680 of 2025(2) dt.05-02-2026
                                                     3/3




                   granted bail by one of the learned co-ordinate Bench of this

                   Court, as mentioned aforesaid, coupled with the fact that

                   petitioner remains in custody since 28.06.2025, accordingly,

                   the petitioner, above-named, is directed to be released on bail

                   furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                   with two sureties of the like amount each to the satisfaction of

                   the learned Additional Chief Judicial Magistrate-X, Vaishali at

                   Hajipur in connection with Sarai P.S. Case No.171 of 2024,

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

                   the Code of Criminal Procedure (for short ‘CrPC’)/under

                   Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for

                   short ‘BNSS’).


                                                      (Chandra Shekhar Jha, J.)
    Sanjeet/-

U    T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.