Amarjeet Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Amarjeet Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioners on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M. 1st Class, Patna, in connection with Sachivalaya P.S. Case No. 28 of 2024, subject to the conditions recorded in the order.

Issue for consideration

Whether the petitioners, in judicial custody in connection with Sachivalaya P.S. Case No. 28 of 2024 for the offence punishable under Sections 302/34 of the Indian Penal Code, should be released on bail.

Court's answer

Taking into account that the main role was attributed to Mukesh Yadav, that the petitioners were alleged to be serving as labourers, that they had remained in custody having completed more than one year, and that they had undertaken to diligently appear in trial, the Court was inclined to extend to them the privilege of bail with conditions.

Ratio / Principle

The petitioners were directed to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each, to the satisfaction of the learned J.M. 1st Class, Patna, in connection with Sachivalaya P.S. Case No. 28 of 2024.

Key takeaways

The grant of bail was made subject to conditions, including that the petitioners appear on each and every date before the Trial Court, failure to do so for two consecutive dates without plausible reason entailing cancellation of their bail bond by the Trial Court itself; the further conditions required one bailor to be a family member providing an official document of bona fides, monthly attendance-marking at the concerned police station till conclusion of the trial, abstention from inducing, promising or threatening witnesses or tampering with evidence, and desistance from committing any criminal offence again.ratio¶34

Detailed headnote1 paragraphs

Bail granted with conditions — High Court of Judicature at Patna (Rajiv Roy, J.), oral order dated 18-07-2025 in Criminal Miscellaneous No. 9564 of 2025 (with connected Criminal Miscellaneous No. 10642 of 2025), arising out of Sachivalaya P.S. Case No. 28 of 2024, District Patna, on an FIR lodged 15.03.2024 by informant Rinki Devi under Sections 302/34 of the Indian Penal Code. Petitioners: Amarjeet Kumar (Crl. Misc. 9564/2025); Rahul Kumar, Sanjay Kumar, Dilip Kumar, Kamlesh Kumar and Ajay Kumar (Crl. Misc. 10642/2025) — in judicial custody since 16.03.2024, i.e. over one year. Allegation: the informant's son (Krishna Kumar) was tied to a pole in the MLC quarter and beaten to death after repeated thefts of construction-company materials; main role attributed to Mukesh Yadav, Guard of Shanti Company, with the petitioners alleged to be labourers of the company. The Court extended the privilege of bail: bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M. 1st Class, Patna; one bailor to be a family member furnishing an official document of bona fides; appearance on each and every trial date, two consecutive unexplained absences entailing cancellation by the Trial Court; monthly attendance-marking at the concerned police station till conclusion of trial; no inducement, promise or threat to witnesses or tampering with evidence; and desistance from fresh criminal offences.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9564 of 2025

Arising Out of PS. Case No.-28 Year-2024 Thana- SACHIVALAYA District- Patna

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

Amarjeet Kumar S/O Lal Mohan Sao R/O Village- Khajuri, P.O - Khajuri, P.S - Konch, District - Gaya, Bihar

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

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

with

CRIMINAL MISCELLANEOUS No. 10642 of 2025

Arising Out of PS. Case No.-28 Year-2024 Thana- SACHIVALAYA District- Patna

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

Rahul Kumar S/O Arun Sharma @ Arun Mistri R/O - Village- Hari Makhadumpur, P.S - Alipur, District - Gaya, Bihar

Sanjay Kumar S/O Late Rajnath Yadav R/O Village- Mardua, P.S- Tekari, Distt.- Gaya, Bihar.

Dilip Kumar S/O Satendra Yadav R/O Village- Mardua, P.S- Tekari, Distt.Gaya, Bihar.

Kamlesh Kumar S/O Awadesh Yadav R/O Village- Paras Bigha, P.S- Konch, Distt.- Gaya, Bihar.

Ajay Kumar S/O Ramkripal Yadav R/O Village- Paras Bigha, P.S- Konch, Distt.- Gaya, Bihar.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 9564 of 2025) For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr.Ashok Kumar, Advocate Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 10642 of 2025) For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr.Ashok Kumar, Advocate Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

... ... Opposite Party/s

Patna High Court CR. MISC. No.9564 of 2025(3) dt.18-07-2025 2/4

3 18-07-2025 Heard Mr. N.K. Agrawal, learned Senior Counsel for the petitioners and Mr. Jitendra Kumar Singh, learned APP for the State.

The petitioners are in judicial custody in connection with Sachivalaya P.S. Case No. 28 of 2024 for the offence punishable under Sections 302/34 of the Indian Penal Code lodged on 15.03.20241 by the informant, Rinki Devi.

As per the prosecution story, the informant alleged that her son was tied to the pole in the MLC quarter and beaten to death by the accused persons. Accordingly, the FIR.

Learned Senior Counsel for the petitioners submit that the main role has been attributed to the Guard of Shanti Company namely Mukesh Yadav with additional roles to these petitioners who were serving as labourers of the said company. It is his further submission that the allegation of having tied the deceased and beating is attributed to Mukesh Yadav and these petitioners were arrested when they were found to be moving in suspicious condition. They have already suffered by being in custody since 16.03.2024 and are ready to face the trial which they shall be attending diligently.

Learned APP opposes the prayer stating that on the allegation of theft, an innocent was brutally assaulted which led

Patna High Court CR. MISC. No.9564 of 2025(3) dt.18-07-2025 3/4

to the death of Krishna Kumar.

Having heard the parties and taking into account the aforesaid facts, the main role is attributed to Mukesh Yadav, the allegation is that these petitioners were also serving as labourers and since the materials of construction company were repeatedly being stolen, the deceased was thrashed, they have remained in custody since long, having completed more than one year and an have undertaken to diligently appear in trial, this Court is inclined to extend them the privilege of bail with conditions.

Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M. 1st Class, Patna, in connection with Sachivalaya P.S. Case No. 28 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.9564 of 2025(3) dt.18-07-2025 4/4

(iii) the petitioners shall appear before the concerned police station every month till conclusion of the trial to mark their attendance;

(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

(Rajiv Roy, J)

Ravi/-

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