Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Indian Penal Code — s. 395
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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