Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 103(1), 351(2), 61(2)
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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