Patna High Court
Amar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Amar Kumar was arrested in connection with a robbery‑assault case (Pandarak P.S. Case No. 98 of 2025) involving multiple offences under the B.N.S. and Section 66 of the Information Technology Act. The prosecution alleged that he participated in a gang assault, theft of cash and cards, and illegal withdrawals. The petitioner contended that his name does not appear in the FIR and that the only link to him is a confessional statement of a co‑accused, asserting his innocence and citing that a similarly situated co‑accused had previously been granted bail. The State opposed bail, highlighting two prior criminal cases against the petitioner. After hearing both sides, the Court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted when the petitioner’s involvement is alleged only through a co‑accused’s confessional statement and not mentioned in the FIR.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
- Whether the grant of bail to a similarly situated co‑accused is determinative for the petitioner’s bail application.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 127(2), 303(2), 308(2), 318(4), 3(5), 352, 61(2)
- Information Technology Act, 2000 — s. 66
Subjects
- bail
- criminal procedure
- confessional statement
- prior criminal antecedent
- robbery
- assault
- Information Technology Act
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89572 of 2025
Arising Out of PS. Case No.-98 Year-2025 Thana- PANDARAK District- Patna
======================================================
Amar Kumar, Son of Bindeshwar Tanti, Resident of Village- Budhnichak, PS-
Barh, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Rai, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Pandarak P.S. Case No. 98 of 2025 registered for the
offence punishable under Sections 126(2), 127(2), 115(2),
303(2), 318(4), 308(2), 352, 61(2) and 3(5) of B.N.S. and
Section 66 of the I.T. Act.
3. The case of the prosecution is that the informant
contacted one Amit Kumar on the advice of Avinash Srivastava
that Amit Kumar can arrange him employment in a bank. It is
further alleged that Amit Kumar called him to Pandarak; one
man was there to receive him. That man took him to the fields.
After some time, Amit Kumar and seven others arrived there,
made him keep quiet, and started assaulting him with the butt of
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a pistol and rifle. It is further alleged that they snatched his
mobile, ATM card, PAN card, driving license, and credit card
and forced him to disclose the ATM pin. It is further alleged that
from his account they also took Rs. 25,000/-. They withdrew Rs.
4,00,000/- from ATM and other transactions were made from his
UPI.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. It has further been submitted that the name of this
petitioner is not there in the FIR rather his name has surfaced
during the course of investigation in the confessional statement
co-accused Amit Kumar. Save and except the confessional
statement of co-accused, there is nothing against the petitioner.
It has also been submitted that similarly situated co-accused
Ankul Kumar has been granted bail by this Court vide Cr. Misc.
No. 82898 of 2025. The case of this petitioner stands on similar
footing. Moreover, he is languishing in judicial custody since
25.06.2025.
5. The application for bail is vehemently opposed by
learned APP for the State and has submitted that the petitioner is
having criminal antecedent of two cases.
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6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M., 1st Class, Barh, District-Patna in connection with
Pandarak P.S. Case No. 98 of 2025.
(Ashok Kumar Pandey, J)
lata/-
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