Patna High Court
Aman Kumar @ Aman SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to a bond and specific conditions.
Summary
Aman Kumar, arrested on 20 August 2024 in connection with a murder case (Udwant Nagar PS Case No. 286 of 2024), sought bail. The FIR alleged his involvement based solely on a confessional statement of a co‑accused, with no other material evidence or recovery from his possession, and he was not named in the FIR. The State opposed bail, noting two other pending cases against the petitioner. The High Court observed that the lack of direct evidence and reliance on a co‑accused’s confession warranted bail, subject to a Rs.10,000 bond, two sureties, and strict conditions regarding trial cooperation, evidence tampering, and verification of criminal antecedents. Consequently, the court granted bail with the stipulated conditions.
Issues considered
- Whether bail can be granted when the petitioner is not named in the FIR and the only incriminating material is a co‑accused’s confessional statement.
- Whether the existence of other pending criminal cases bars the grant of bail in the present matter.
- Whether the conditions imposed by the court are sufficient to safeguard the trial process.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- B.N.S. — s. 109, 132, 3(5)
- Code of Criminal Procedure, 1973 — s. 436
Subjects
- bail
- confessional statement
- arms act
- murder
- pending cases
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77713 of 2025
Arising Out of PS. Case No.-286 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Aman Kumar @ Aman Singh S/o Sunil Kumar Sharma @ Sunil Sharma R/o
Village - Barkhurdar Chak, P.S - Naubatpur (Piplawa), District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samrendra Kumar Jha, Advocate
For the State : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Samrendra Kumar Jha, learned counsel for
the petitioner and Mr. Md. Mushtaque Alam, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
20.08.2024, in connection with Udwant Nagar P.S. Case No. 286
of 2024, F.I.R. dated 04.07.2024 registered for the offences
punishable under Sections 132, 109, 3(5) of B.N.S. and Section
25(1-b)a, 26, 27, 35 of the Arms Act.
3. Allegation against the petitioner is that he along with
co-accused Soni Sanni @ Alok Baba committed murder of one
Biltan Ram on 04.07.2024 at the instance of Bhuar Chaudhary @
Harendra Chaudhary.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the F.I.R. and the name of the petitioner
Patna High Court CR. MISC. No.77713 of 2025(3) dt.21-01-2026
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has been transpired during investigation on the basis of
confessional statement of co-accused person namely Soni Sanni @
Alok Baba which was recorded in paragraph-44 of the case diary
and except the confessional statement of co-accused person, no
other cogent material has come during investigation to suggest the
involvement of the petitioner in the present case and nothing has
been recovered from the possession of the petitioner. He further
submits that the police after investigation submitted chargesheet
against the petitioner and the petitioner is in custody since
20.08.2024.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries two more cases other than
the present one but fairly submits on the basis of pargaraph-3 of
the bail petition that out of two cases, the petitioner is on bail in
one case and one case is pending for consideration before the
competent court of law..
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R. and the
name of the petitioner has been transpires on the basis of
confessional statement of co-accused person, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.77713 of 2025(3) dt.21-01-2026
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amount each to the satisfaction of learned Chief Judicial
Magistrate, Bhojpur at Ara in connection with Udwant Nagar P.S.
Case No. 286 of 2024, subject to the following conditions :-
(1) Petitioner 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
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. 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)
Ibrar//-
U T
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