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Patna High Court

Amit Kumar @ Bhakoran @ BhokaranversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-
Patna High Court CR. MISC. No.85749 of 2025(2) dt.09-01-2026
                                            2/4




          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
Patna High Court CR. MISC. No.85749 of 2025(2) dt.09-01-2026
                                            3/4




          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
              Patna High Court CR. MISC. No.85749 of 2025(2) dt.09-01-2026
                                                          4/4




                                        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/-

U         T


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