Patna High Court
Amarjit KapriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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
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