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Patna High Court

Amar Kumar @ Amar BindversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused bail, holding that the seriousness of the allegations and the evidence presented warranted the petitioner’s continued custody.

Summary

Amar Kumar (Amar Bind) was arrested in connection with a murder case (Sections 302 read with 34 IPC) and an offence under Section 27 of the Arms Act, arising from an incident where he and co‑accused allegedly surrounded an informant's house, fired indiscriminately and assaulted the informant's son with an iron rod, leading to the son's death. The petitioner applied for bail, claiming innocence and that the trial had not progressed, while the prosecution highlighted the seriousness of the charge, the direction alleged against the petitioner, and his prior criminal antecedent. The trial court report indicated that eight of sixteen charge‑sheeted witnesses had been examined. The High Court, after considering the nature of the allegations and the evidence, declined to grant bail, finding the case sufficiently grave to warrant continued custody. Consequently, the petitioner's bail plea was refused.

Issues considered

  • Whether bail should be granted to the accused in a murder case involving alleged direction and use of lethal weapons
  • Whether the existence of a prior criminal antecedent and the stage of trial justify denial of bail

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • criminal antecedent
  • direction
  • evidence
  • trial stage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72989 of 2025
                    Arising Out of PS. Case No.-68 Year-2024 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Amar Kumar @ Amar Bind Son of Ashok Bind Resident of village - Shiv
                 Nandanpur, P.S.- Sultanganj, District - Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agarwal, Sr. Advocate
                                                  Mr. Md. Najmul Hodda, Adv
                                                  Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   18-04-2026                    Heard Mr. N.K. Agarwal, learned senior counsel for

                   the petitioner and            Mr. Pramod Kumar Pandey, learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   08.04.2024 in connection with Sultanjganj P.S. Case No.

                   68/2024 F.I.R. dated 17.02.2024 (S.T. Case No. 378/2025) for

                   the offences punishable under Sections 302 read with Section 34

                   of the Indian Penal Code and Section 27 of the Arms Act.

                                3. According to prosecution case, the petitioner and

                   the co-accused persons holding lethal weapons are alleged to

                   have surrounded the house of the informant and started firing

                   indiscriminately and the co-accused Viswanath Bind exhorted to

                   kill, thereafter, Natuwa Bind and Randhir Bind caught hold of
Patna High Court CR. MISC. No.72989 of 2025(6) dt.18-04-2026
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          the informant's son and the petitioner Amar Bind inflicted blow

          of iron khanti on his stomach, causing injury. On being objected

          by the informant, the co-accused Sawan Bind assaulted him

          with an iron rod, causing injury and they fled away by firing in

          the air. Further, the injured were taken to hospital where the

          informant's son succumbed to the injury.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. Learned counsel has further submitted that the

          petitioner is in custody since 08.04.2024. He has further

          submitted that the trial is not in progress.

                      5. Vide order dated 19.03.2026 a report was called

          with regard to the present stage of trial. Report of the learned

          Trial Court dated 01.04.2026 reveals that out of sixteen charge

          sheeted witnesses till date eight witnesses have been examined

          and cross examined by the prosecution.

                      6. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries one criminal antecedent other than

          the present one but fairly submits on the basis of paragraph-3 of

          the bail application that the petitioner is on bail in the said

          matter. It is further submitted that from perusal of the FIR, it
             Patna High Court CR. MISC. No.72989 of 2025(6) dt.18-04-2026
                                                         3/3




                       appears that specific allegation is against the petitioner that he

                       has inflicted iron khanti on the stomach of the deceased and the

                       other co-accused persons have made firing in the air and later on

                       the the deceased has died which suggests that there is direction

                       allegation against the petitioner and the same was supported by

                       the number of prosecution witnesses during investigation.

                                    7. Considering the nature of allegation and FIR

                       supported by the witnesses as per report of the learned Trial

                       Court, I am not inclined to enlarge the petitioner on bail in

                       connection with Sultanjganj P.S. Case No. 68/2024 F.I.R. dated

                       17.02.2024 (S.T. Case No. 378/2025) pending in the court of

                       learned District and Additional Sessions Judge-VIII, Bhagalpur.

                                    8. Prayer is refused.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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