Patna High Court
Amarjit Kumar @ Amba @ Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted subject to strict conditions.
Summary
Amarjit Kumar, a 21‑year‑old, was arrested in Maheshkhunt for alleged possession of a loaded pistol, cartridges and a mobile phone, charged under Sections 317(2), 317(5), 111 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑Ba), 26 and 35 of the Arms Act. The petitioner claimed that the police had fabricated the recovery and that he was falsely implicated, noting that he had been in custody since 2 August 2025 and had two other pending cases. The State opposed bail, while the petitioner’s counsel argued innocence and lack of actual possession. The court, after considering the submissions, granted bail on a cash bond of Rs 10,000 with two sureties, imposing conditions such as cooperation with the trial, regular attendance before the SHO, and restrictions against tampering with evidence or witnesses. The application for bail was allowed.
Issues considered
- Whether bail should be granted in a case involving serious offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
- Whether the alleged police recovery of the weapon and accessories is genuine or fabricated.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 317(2), 317(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- evidence tampering
- police recovery
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7552 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- MAHESHKHUNT District- Khagaria
======================================================
Amarjit Kumar @ Amba @ Amarjeet Kumar, aged about 21 years (Male), son
of Aruna Yadav @ Arun Yadav, R/o Village- Bhadlay, Ward No. 17, P.S.-
Maheshkhunt, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Maheshkhunt PS Case No.119 of 2025 dated 02.08.2025,
instituted for the offence punishable under Sections 317(2),
317(5), 111 of the Bharatiya Nyaya Sanhita, 2023 and Sections
25(1-B)a, 26, 35 of the Arms Act.
3. Allegation is of recovery one loaded countrymade
pistol, two live cartridges, two empty cartridges, one mobile of
Oppo Company from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing has been recovered from the conscious possession
Patna High Court CR. MISC. No.7552 of 2026(2) dt.04-02-2026
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of the petitioner. The police has falsely implicated the petitioner
and recovery of the incriminating articles was implanted by the
police. It is also submitted that the petitioner is in custody since
02.08.2025 and two criminal cases are pending against the
petitioner.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the Sub Divisional Judicial
Magistrate, Khagaria, in Maheshkhunt PS Case No.119 of 2025,
subject to the conditions (i) that the petitioner shall co-operate in
the trial and shall be properly represented on each and every
date fixed by the Court and on his absence on two consecutive
dates without sufficient reason, his bail bond shall be cancelled
by the Court below, (ii) that one of the bailors will be his own
blood relation, preferably father, mother, brother, sister and or
his wife, (iii) that the bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is made accused
in any other case of similar nature after his release in the present
case and thereafter the court below will be at liberty to initiate
Patna High Court CR. MISC. No.7552 of 2026(2) dt.04-02-2026
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the proceeding for cancellation of bail on ground of misuse, (iv)
that if the petitioner tampers with the evidence or the witnesses,
in that case, the prosecution will be at liberty to move for
cancellation of bail, and (v) that the petitioner within two weeks
from the date of his release from custody shall appear before the
SHO of his local area along with a copy of this order and
thereafter shall appear before him every fortnightly to mark his
attendance till the framing of charge in the case by the trial
Court.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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