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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a cash bond, two sureties, and prescribed conditions.

Summary

Amit Kumar was arrested in connection with a dacoity (Section 395 IPC) in which armed miscreants looted two houses on 28‑04‑2024. The petitioner contended that he was falsely implicated, not named in the FIR, and only mentioned by a co‑accused, with no material recovered from his possession. He has seven prior criminal antecedents and has been in custody since 15‑07‑2024, while other co‑accused have already been released on bail. The State opposed the bail application, citing the seriousness of the offence and the petitioner’s antecedents. Considering the lack of direct evidence, the filing of the charge‑sheet, and the length of custody, the court granted bail on a bond of Rs.15,000 with two sureties and imposed standard conditions for appearance, non‑tampering, and non‑absconding.

Issues considered

  • Whether bail should be granted in a case of dacoity (Section 395 IPC) despite the seriousness of the offence and the petitioner’s seven prior criminal antecedents.
  • Whether the petitioner’s alleged false implication, based solely on a co‑accused’s disclosure and absence of his name in the FIR, precludes bail.
  • Whether the filing of the charge‑sheet and the period of custody justify the grant of bail.

Legislation cited

Subjects

  • bail
  • Section 395 IPC
  • dacoity
  • false implication
  • criminal antecedents
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78614 of 2025
                      Arising Out of PS. Case No.-54 Year-2024 Thana- SAHIYARA District- Sitamarhi
                 ======================================================
                 Amit Kumar Son of Shambhu Sah Resident of Village-Basha, P.S-Bajpatti,
                 District-Sitamarhi
                                                                        ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :        Mr.Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   06-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sahiyara P.S. Case No. 54 of 2024 instituted for the offence

                   under Section 395 of the Indian Penal Code.

                                3. The prosecution case is that on 28.04.2024

                   midnight, 7–10 armed miscreants forcibly entered the houses of

                   Vishwanath Singh and Ranjan Kumar, threatened their families

                   at gunpoint, assaulted them, and looted cash, jewellery, and

                   valuables. After locking the victims inside, the accused fled with

                   the looted articles.

                                4. It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 15-07-2024. Petitioner

                   bears seven criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.78614 of 2025(3) dt.06-02-2026
                                            2/3




          paragraph No. 3 of the bail application.

                       5. It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is not named in the FIR. Name of the petitioner

          has surfaced in this case on the disclosure made by co-accused,

          which has no evidentiary value. Nothing has been recovered

          from the conscious possession of the petitioner. The petitioner

          has not been put on T.I.P. Charge sheet has already been

          submitted in this case. Other co-accused has been granted bail

          by this Court vide order dated 10-09-2025, passed in Cr. Misc.

          No. 63874 of 2025.

                       6. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       7. Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner, claim based on

          parity and charge sheet being submitted, this Court is inclined to

          grant bail to the petitioner.

                       8. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Fifteen Thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Sahiyara P.S. Case No. 54 of 2024, subject to
           Patna High Court CR. MISC. No.78614 of 2025(3) dt.06-02-2026
                                                       3/3




                     the following conditions:

                                   (I) One of the bailors shall be the petitioner’s own or

                     close member.

                                   (II) The petitioner shall appear on each and every date

                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   (IV) The Petitioner shall not commit offence of a

                     similar nature in future.

                                   (V) The Petitioner shall not leave the territorial

                     jurisdiction of the learned court below without prior permission

                     of the court concerned.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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