Allowed

Amit Kumar v. The State of Bihar

Patna HC7 Apr 2025CR. MISC./799/2025

Case brief

AI extract

What is this about?

Regular bail sought under Section 310(2) BNS for robbery of a bag. Petitioner not named in the FIR, nothing recovered from him, charge sheet filed, and a co-accused already bailed. Court granted bail citing custody period, parity, and charge sheet.

What did the court decide?

Petitioner released on bail on Rs. 10,000 bond with two like sureties, subject to conditions including family bailor and trial attendance.

Amit Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.799 of 2025

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Arising Out of PS. Case No.-379 Year-2024 Thana- SHERGHATI District- Gaya

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

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Amit Kumar S/O Ajay Das R/O Village - Parasia, P.S- Hantarganj, Dist.Chatra Jharkhand

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

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2. The petitioner seeks bail in connection with Sherghati P.S. Case No. 379 of 2024 instituted for the offence under Sections 310(2) of the Bharatiya Nyaya Sanhita, 2023.

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3. Prosecution case in short is that six unknown persons riding on three motorcycles have looted an old blue colour bag having important papers from the possession of the informant on the point of pistol and fled away.

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4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-07-2024. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

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Patna High Court CR. MISC. No.799 of 2025(3) dt.07-04-2025 2/3

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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 during course of investigation. Nothing has been recovered from the possession of the petitioner. Petitioner was not even put on T.I. Parade. Other co-accused has been granted bail by this Court vide order dated 18-03-2025, passed in Cr. Misc. No. 86802 of 2024. Charge sheet is submitted in this case.

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

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

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8. Let the petitioner 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 Court below/concerned Court in connection with Sherghati P.S. Case No. 379 of 2024, subject to the following conditions:

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

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Patna High Court CR. MISC. No.799 of 2025(3) dt.07-04-2025 3/3

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(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.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Amit Kumar v. The State of Bihar

Case brief

What is this about?

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Amit Kumar v. The State of Bihar

Case brief

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