Patna High Court
Amit Kumar @ Guddu SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners with conditions, holding that the circumstances did not warrant denial of bail.
Summary
The petitioners – Priyansh @ Akash Raj, Amit Kumar @ Guddu Sinha and Abhijit Sinha @ Sonu – were arrested in connection with a shooting incident reported in FIR dated 13.08.2025 under several provisions of the Bharatiya Nyay Sanhita, 2023 and the Arms Act. The prosecution alleged that the petitioners were part of a conspiracy and had hired contract killers, relying on confessional statements of co‑accused Pintu and Sintu, while the petitioners denied any involvement in the actual firing. The petitioners sought bail, claiming innocence and arguing that they were not named in the FIR and that the evidence against them was weak. The State and the informant opposed bail, highlighting the petitioners' alleged role in the conspiracy and their criminal antecedents (except for Priyansh, who had a clean record). The Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences under the Bharatiya Nyay Sanhita and the Arms Act
- Whether the confessional statements of co‑accused are sufficient to deny bail
- Whether the petitioners' criminal antecedents affect the grant of bail
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 27, 35
- Bharatiya Nyay Sanhita, 2023 — s. 103, 109, 118(1), 126(2), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- Arms Act
- conspiracy
- confessional statement
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3592 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- Chitragupta Nagar District- Khagaria
======================================================
Priyansh @ Akash Raj S/o- Bablu Singh Resident of Village- Sanhaulia PS-
Chitraguptanagar District-Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 73212 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- Chitragupta Nagar District- Khagaria
======================================================
Amit Kumar @ Guddu Sinha S/O Late Awadhesh Prasad Sinha R/o Adarsh
Nagar, Sanhauli, P.S.- Chitragupta Nagar, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 73875 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- Chitragupta Nagar District- Khagaria
======================================================
Abhijit Sinha @ Sonu S/o Late Awadhesh Prasad Sinha R/o - Adarsh Nagar,
Sanhauli, P.S.- Chitrgupta Nagar, Distt.- Kagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 3592 of 2026)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
(In CRIMINAL MISCELLANEOUS No. 73212 of 2025)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. A.K. Sinha, Advocate
: Mr. Vikramaditya Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
For the Informant : Mr. Ramakant Sharma, Sr. Advocate
: Mr. Deepak Kumar, Advocate
Patna High Court CR. MISC. No.3592 of 2026(6) dt.23-03-2026
2/5
(In CRIMINAL MISCELLANEOUS No. 73875 of 2025)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. A.K. Sinha, Advocate
: Mr. Vikramaditya Singh, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 23-03-2026 Heard Mr. N.K. Agrawal, learned senior counsel for the
petitioner (In Cr. Misc. No. 3592 of 2026, Cr. Mic. No. 73212 of
2025, In Cr. Mic. No. 73875 of 2025), Mr. Ram Sumiran Rai,
learned APP for the State (In Cr. Misc. No. 3592 of 2026), Mr.
Satyendra Prasad, learned APP for the State(In Cr. Mic. No. 73212
of 2025), Mr. Vinod Shanker Modi, learned APP for the State (In
Cr. Mic. No. 73875 of 2025 and Mr. Ramakant Sharma, senior
counsel for the Informant (In Cr. Mic. No. 73212 of 2025, Cr. Mic.
No. 73875 of 2025).
2. Petitioners seeks bail in connection with Chitragupta
Nagar P.S. Case No. 86 of 2025, F.I.R. dated 13.08.2025 for the
offences punishable under Sections 126(2), 118(1), 109, 61(2),
3(5), 103 of the Bharatiya Nyay Sanhita, 2023 and Section 27,
25(1-b)A, 26, 35 of Arms Act
3. According to prosecution case, the informant received
information that his brother has received gunshot injury. When the
informant reached there, he found his brother lying down and
thereafter he was taken to Sadar Hospital, Khagaria for treatment.
Informant’s brother disclosed that three miscreants on pulsor
Patna High Court CR. MISC. No.3592 of 2026(6) dt.23-03-2026
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motorcycle came and fired upon him and after firing they fled
away towards Surya Mandir.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they falsely been implicated in the
present case. Petitioners are not named in the FIR and their name
transpired during investigation on the basis of confessional
statement of co-accused persons, namely, Pintu and Sintu and both
the co-accused have confessed their guilt and they have stated that
the petitioners were involved in conspiracy in the present crime in
question but they have not stated that the petitioners have fired
upon the victim. The police after investigation submitted charge-
sheet and the petitioner, namely, Priyansh @ Akash Raj is in
custody since 09.09.2025, petitioners, namely, Amit Kumar @
Guddu Sinha and Abhijit Singh @ Sonu are in custody since
14.08.2025
5. The learned counsel appearing on behalf of the
informant as well as learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner and
submits that it has come during investigation that petitioners were
involved in conspiracy in the present crime in question and they
have hired contract killer for the occurrence. He further submits
that petitioner, namely, Amit Kumar @ Guddu Sinha carries three
Patna High Court CR. MISC. No.3592 of 2026(6) dt.23-03-2026
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criminal antecedents in which he is on bail, petitioner, namely,
Abhijit Singh @ Sonu carries two criminal antecedent in which he
is on bail in one case and petitioner, namely, Priyansh @ Akash
Raj has clean antecedent.
6. Considering the aforesaid facts and circumstances, let
the petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial Magistrate-
Ist Class, Khagaria in connection with Chitragupta Nagar P.S. Case
No. 86 of 2025, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
Patna High Court CR. MISC. No.3592 of 2026(6) dt.23-03-2026
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bond of the petitioners. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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