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Patna High Court

Amarjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied regular bail to the petitioner, holding that the seriousness of the murder charge and the evidence against him preclude the grant of bail.

Summary

Amarjeet Kumar was arrested in connection with a murder case (PS Singhaul Case No.112 of 2025) under Sections 351(2), 103(1) and 61(2) of the Bharatiya Nyaya Sanhita. He applied for regular bail, contending that the informant was not an eye‑witness and that he was implicated only on suspicion, while a co‑accused, Guriya Devi, had already been granted bail. The State and the informant opposed the bail, arguing that the FIR and investigation specifically named the petitioner as the killer and that he could not be treated on parity with the co‑accused. The Court, after considering the seriousness of the offence and the nature of the accusation, rejected the bail application. It also directed the trial court to expedite the trial and conclude it within one year of receiving the order.

Issues considered

  • Whether regular bail should be granted to the accused in a murder case under Sections 351(2), 103(1) and 61(2) of the Bharatiya Nyaya Sanhita considering the gravity of the offence and the evidence on record.

Legislation cited

Subjects

  • regular bail
  • murder
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • trial expedite
  • gravity of offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89824 of 2025
                       Arising Out of PS. Case No.-112 Year-2025 Thana- Singhaul District- Begusarai
                 ======================================================
                 Amarjeet Kumar S/o- Vijay Rajak Resident of village- Rachiyahi Dhobi Tola
                 Police station- Singhoul District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ram Sumiran Rai, Advocate
                 For the Opposite Party/s :         Mr. Umeshanand Pandit, A.P.P.
                 For the Informant        :         Mr. Anand Kishor Choudhary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   12-02-2026                     Heard learned counsel for the petitioner, informant

                   and learned A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Singhaul P. S. Case No. 112 of 2025 in a case registered for the

                   offences punishable under Sections 351(2), 103(1), 61(2) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, this petitioner along with

                   2-3 unknown persons committed murder of the son of informant

                   by strangulation.

                                4. Learned counsel for the petitioner submits that

                   informant is not an eye witness of the occurrence and petitioner

                   has been made accused in this case only on suspicion. It is

                   further submitted that co-accused Guriya Devi, who called the
              Patna High Court CR. MISC. No.89824 of 2025(2) dt.12-02-2026
                                                          2/2




                        deceased and took him to orchard, has already been granted

                        regular bail by co-ordinate Bench of this Court vide order dated

                        21.01.2026 passed in Cr. Misc. No. 76436 of 2025. Petitioner

                        claims clean antecedent and is in custody since 03.07.2025.

                                     5. Learned A.P.P. for the State as well as learned

                        counsel for the informant vehemently opposed the bail

                        application and submitted that petitioner is named in the F.I.R.

                        and during investigation it has come that it was this petitioner

                        who killed the deceased. Petitioner cannot claim parity with co-

                        accused Guriya Devi for the simple reason that there is no

                        allegation that she participated in the commission of offence.

                                     6. Considering the nature of accusation and gravity of

                        the offence, prayer for bail of the petitioner is rejected.

                                     7. However, since petitioner is in custody since

                        03.07.2025, Trial Court is directed to expedite and conclude the

                        trial, preferably, within a period of one year from the date of

                        receipt/production of copy of this order.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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