Patna High Court
Amit Kumar @ Bhakoran @ BhokaranversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to strict conditions.
Summary
Amit Kumar, who is in custody, applied for bail in a case registered under Sections 115(2), 126(2), 352, 308(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, 1959, alleging that he was falsely implicated in an alleged extortion and firing incident. The prosecution contends that the petitioner fired his pistol at an informant and demanded money, while the petitioner claims the allegations stem from a personal dispute over pavement encroachment and lack any medical or forensic proof. The State opposed bail, highlighting the petitioner’s five prior criminal convictions. The court noted the absence of concrete evidence linking the petitioner to the alleged firing and considered the petitioner’s antecedents, but found no reason to deny bail. Consequently, the court granted bail on a Rs.10,000 bond with two sureties and imposed several conditions, including regular reporting to the Superintendent of Police. The order also clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the prosecution’s evidence is sufficient to justify denial of bail.
- Whether the petitioner’s prior criminal antecedents warrant refusal of bail.
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 308(5), 3(5), 352
Subjects
- bail
- criminal antecedents
- extortion
- arms offence
- false implication
- personal dispute
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85749 of 2025
Arising Out of PS. Case No.-370 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Amit Kumar @ Bhakoran @ Bhokaran, Son of Sanjay Yadav @ Sanjay
Kumar, Resident Of Village - Kumaru Bigha, P.S. - Sikariya, Dist. -
Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Jehanabad (Sikariyas) P.S. Case No.370 of
2025, registered for the offences punishable under Sections
115(2), 126(2), 352, 308(5) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act, 1959.
3. As per the prosecution case, the informant while
returning to his house was surrounded by the named accused
persons including the petitioner and it has been alleged that the
petitioner fired from his pistol. It is further alleged that the
petitioner demanded an extortion amount from the informant
and the informant at that relevant moment even gave Rs.4600/-
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from his pocket while he was also threatened with dire
consequences.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and no such
incident as alleged had occurred. It has further been submitted
that the petitioner and the informant are co-villagers and due to
personal dispute due to encroachment of a pavement, the
petitioner has been falsely implicated. It has next been
submitted that the allegations of firing are also not proved by
any medical evidence, nor was any recovery as such was made
from the conscious possession of the petitioner. It has also been
submitted that other co-accused persons, namely, Subhash
Kumar has been enlarged on regular bail by a learned Co-
ordinate Bench of this Hon'ble Court vide order dated
05.12.2025 passed in Cr. Misc. No.73988 of 2025. It has lastly
been submitted that the petitioner has five criminal antecedents
against his name and he is in custody since 02.09.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail and has submitted that the petitioner carries
long criminal antecedents and there is specific allegation of
firing upon the petitioner.
6. Considering the aforesaid submissions made by the
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parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Jehanabad (Sikariyas) P.S. Case No.370 of
2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall
be his close relative and the other shall be local
resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by
the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
(v) The learned 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 antecedent, 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.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before the
Superintendent of Police, Jehanabad within fifteen days
of his release with a copy of this order and every two
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weeks thereafter for the next nine months. The conduct
of the petitioner will be kept under watch in this period
by the Superintendent of Police concerned and if it is
found wanting in any respect, a report shall be made to
the court concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail. After
reporting to the Superintendent of Police, a certificate
will be filed by the petitioner before the court
concerned.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
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