Created by Fuzzy Cloud

Patna High Court

Amit Kumar Yadav @ Amit Yadav @ Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a cash bond and conditions under Section 480(3) of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Amit Kumar Yadav, was arrested in connection with a murder case (Sections 103 and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act) after a FIR alleged that he and others opened fire on the informant's father, causing his death. The informant, who is the petitioner's son, later gave a statement under Section 161 of the Cr.P.C. stating that the petitioner was only a conspirator and that an unknown person fired the fatal shot; the informant's mother also failed to identify the shooter. The petitioner, who has been in custody since 20‑11‑2024, sought bail, arguing that the FIR allegation against him is doubtful and that the investigation is complete, leaving no risk of evidence tampering. The State opposed bail, contending that the petitioner was a principal conspirator. The Court, noting the prima facie evidence of conspiracy but also the lack of direct evidence linking the petitioner to the actual shooting, and considering the length of custody and completed investigation, granted bail on a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the B.N.S.S. The order also imposed obligations to cooperate with the trial and appear physically.

Issues considered

  • Whether bail should be granted to an accused of murder and arms offences when the FIR does not name him but statements under Section 161 suggest he was only a conspirator.
  • Whether the length of pre‑trial custody and completion of investigation justify granting bail.
  • Whether the conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita are applicable in this case.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • arms act
  • Criminal Procedure Code
  • Section 161
  • Section 480(3)
  • Bharatiya Nyaya Sanhita
  • Patna High Court
  • Madhubani

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76873 of 2025
                    Arising Out of PS. Case No.-56 Year-2024 Thana- SAHARGHAT District- Madhubani
                 ======================================================
                 Amit Kumar Yadav @ Amit Yadav @ Amit Kumar, S/o Chandeshwar Yadav,
                 R/o village - Kerba, P.S - Saharghat, District- Madhubani
                                                                                  ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                           ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagandeo Yadav, Advocate
                                                  Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail in connection with

                   Saharghat P.S. Case No. 56 of 2024 (S.T. No.130 of 2025)

                   registered for the offences under Sections 103 and 61(2) of

                   the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                                 3. The petitioner is not named in the F.I.R. and is in

                   custody since 20.11.2024.

                                  4. As per FIR, petitioner along with four unknown

                   persons and one Santosh Kumar came to the house of

                   informant and opened fire upon father of the informant due to

                   which he died on spot.

                                 5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.76873 of 2025(2) dt.06-02-2026
                                            2/4




          petitioner submitted that informant, who is none but the son

          of this petitioner claimed through FIR being an eye-witness of

          the occurrence, where specific allegation against this

          petitioner was raised as to shot bullet on the chest of his

          father leading to his death, but interestingly during the course

          of investigation, he recorded his statement under Section 161

          of the Cr.P.C., which is available in para no. 13 of the case

          diary, where he categorically stated that petitioner was only

          conspirator, and one unknown person fired upon his father.

          He failed to disclose the name of person, who caused fatal

          firearm injury to his father. It is also stated by him that her

          mother may disclose the name of real assailant. It is also

          pointed out that on the same very day, statement of mother

          of informant namely, Asha Devi was recorded, which is

          available in para no. 15 of the case diary, where she also

          failed to disclose the name of real assailants who caused fatal

          firearm injury upon deceased i.e. father of the informant. It is

          pointed out that in view of these statements, the allegation as

          raised through FIR against petitioner appears doubtful. While

          concluding the argument, it is submitted that petitioner found
Patna High Court CR. MISC. No.76873 of 2025(2) dt.06-02-2026
                                            3/4




          involved in four more criminal cases, where he is on bail and

          moreover, investigation of this case has already completed,

          and as such, there is no chance of tampering with the

          evidence.

                       6. Learned APP for the State while opposing the

          prayer for bail could not disputed aforesaid factual

          submissions as advanced by learned counsel for the

          petitioner, as mentioned aforesaid. However, he submitted

          that petitioner was one of the main conspirator behind the

          occurrence.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as petitioner prima-facie appears one of

          the conspirator, where allegation as raised against him to

          cause fatal firearm injury on chest of the deceased appears

          doubtful in view of statement of informant as recorded under

          Section 161 of the Cr.P.C. as discussed aforesaid, coupled

          with the fact as petitioner remains in custody since

          20.11.2024, accordingly, above named petitioner is directed

          to be released on bail in connection with Saharghat P.S. Case

          No. 56 of 2024 (S.T. No.130 of 2025) on furnishing bail bond
           Patna High Court CR. MISC. No.76873 of 2025(2) dt.06-02-2026
                                                       4/4




                     of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

                     the like amount each to the satisfaction of learned A.C.J.M.

                     1st, Madhubani/concerned court, subject to the conditions as

                     mentioned under Section 480(3) of the B.N.S.S. with further

                     conditions:-

                                             (i) If petitioner made any deliberate
                                        attempt to delay trial, State/informant shall
                                        be at liberty to press petition before the
                                        learned Trial Court for cancellation of bail
                                        bold of petitioner by learned Trial Court,
                                        itself, which shall be decided by learned Trial
                                        Court, in accordance with law after giving fair
                                        opportunity to
                                        petitioner.
                                             (ii) Accused/Petitioner shall cooperate in
                                        the trial and shall be physically present on
                                        each and every date before the Trial Court till
                                        conclusion of the trial and exemption from
                                        physical appearance be allowed by the Trial
                                        Court, only on medical ground of the
                                        petitioner duly supported by the documents.


                                                          (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.