Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 317, 3(5)
- Code of Criminal Procedure — s. 437(3)
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
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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
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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
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