Created by Fuzzy Cloud

Patna High Court

Amarjit KapriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioner, holding that the circumstances warranted release on bail.

Summary

Amarjit Kapri was apprehended for alleged theft of jewellery and cash from an informant's house, with the case registered under Sections 331(4) and 305 of the B.N.S. The petitioner contended that the FIR was based solely on suspicion, that no stolen items were recovered from him, and that he had a clean antecedent. The State opposed his prayer for anticipatory bail. The High Court, after considering the general nature of the accusation, the lack of material evidence, and the petitioner's clean record, granted anticipatory bail. The order directed that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to Section 482(2) of the B.N.S.S. The petition was thereby disposed in favour of the petitioner.

Issues considered

  • What is the appropriateness of granting anticipatory bail when the FIR is based only on suspicion and no stolen articles have been recovered?
  • Whether the petitioner’s clean antecedents and the general nature of the accusation justify the grant of anticipatory bail under Section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • Theft
  • Section 331
  • Section 305
  • clean antecedents
  • Bail bond
  • High Court
  • Criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84753 of 2025
                       Arising Out of PS. Case No.-427 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
                 Amarjit Kapri Son of Singeshwar Kapri Resident of village - Fatehpur, Police
                 Station - Amarpur, District - Banka.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ajay Mukherjee, Advocate
                 For the State           :        Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   06-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 331(4) and

                   305 of the B.N.S..

                                3. As per prosecution case, informant suspects that

                   this petitioner, along with co-accused Bhajan Das, committed

                   theft in the house of the informant and took valuable items and

                   jewellery worth Rs. 4,50,000/- and cash worth Rs. 25,000/-.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. From bare perusal of the F.I.R. it is

                   apparent that only suspicion has been raised against the

                   petitioner. Moreover, informant has not disclosed the source of
             Patna High Court CR. MISC. No.84753 of 2025(3) dt.06-01-2026
                                                         2/2




                       informant as to how he came to know that this petitioner

                       committed the alleged offence. No stolen articles were

                       recovered from possession of this petitioner. Petitioner claims

                       clean antecedents.

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

                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation and clean

                       antecedents of the petitioner, the prayer for grant of anticipatory

                       bail to the petitioner is allowed.

                                     7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Chief Judicial Magistrate,

                       Banka in connection with Amarpur P.S. Case No. 427 of 2025,

                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.