Amijul @ Md. Amijul Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Amijul @ Md. Amijul Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court, subject to conditions: (i) one bailor to be own/close family member of the petitioner; (ii) appearance on each and every trial date, with liberty to the Trial Court to cancel the bail bonds on default on two consecutive dates.

Issue for consideration

Whether the petitioner should be granted bail in connection with Pothia P.S. Case No. 385 of 2024, instituted for the offence under Sections 309(6) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-B)a of the Arms Act.

Court's answer

Bail granted taking into account the period of custody, manner of the petitioner's implication, parity with already-bailed co-accused, and submission of the charge sheet.

Ratio / Principle

Petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Pothia P.S. Case No. 385 of 2024.

Key takeaways

Condition (I): one of the bailors shall be an own/close member of the family of the petitioner.ratio¶¶26
Condition (II): petitioner shall appear on each and every date fixed at the trial; on default of appearance on two consecutive dates, the Trial Court will have liberty to cancel the petitioner's bail bonds.ratio¶¶27

Detailed headnote1 paragraphs

BAIL GRANTED — High Court of Judicature at Patna, Criminal Miscellaneous No.44203 of 2025, oral order dated 17-07-2025 (Honourable Mr. Justice Rudra Prakash Mishra, single-judge bench): Petitioner Amijul @ Md. Amijul, arraigned in Pothia P.S. Case No. 385 of 2024, Thana Pothia, District Kishanganj, instituted for the offence under Sections 309(6) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-B)a of the Arms Act; prosecution case of gun-point snatching of a bag containing Rs. 5,90,000/- from the informant returning from Hatiya after collecting proceeds of cattle sale; petitioner in custody since 03-04-2025; no criminal antecedent disclosed; not named in FIR; name transpired on confessional statement of a co-accused; nothing recovered from his possession; not put on T.I. Parade; charge sheet submitted after completion of investigation; parity invoked as co-accused were granted bail on 30-04-2025 in Cr. Misc. No. 24733 of 2025 — bail allowed on bail bonds of Rs. 10,000/- with two sureties of the like amount each, conditioned on one bailor being an own/close family member and attendance on every trial date, with liberty to the Trial Court to cancel the bail bonds on default of appearance on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44203 of 2025

Arising Out of PS. Case No.-385 Year-2024 Thana- POTHIYA District- Kishanganj

======================================================

Amijul @ Md. Amijul S/o Kusai @ Kusmuddin R/o Village- Bartola, P.S.Pothia, District- Kishanganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms. Diksha Kumari, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 17-07-2025

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pothia P.S. Case No. 385 of 2024 instituted for the offence under Sections 309(6) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-B)a of the Arms Act.

3. As per prosecution case, while the informant had been returning from Hatiya on the motorcycle after collecting money earned from selling cattle, when two unknown miscreants on gun point snatched his bag containing Rs. 5,90,000/-.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03-04-2025. Petitioner

Patna High Court CR. MISC. No.44203 of 2025(2) dt.17-07-2025 2/3

bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, and the same has no evidentiary value in the eye of law. Nothing has been recovered from the possession of the petitioner. Petitioner was not even put on T.I. Parade. Police after completion of investigation has submitted charge sheet in this case. Other co-accused have been granted bail by this Court vide order dated 30-04-2025, passed in Cr. Misc. No. 24733 of 2025.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner’s implication, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.44203 of 2025(2) dt.17-07-2025 3/3

two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pothia P.S.

Case No. 385 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T