Amol Bharti @ Amol Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11167 of 2026 Arising Out of PS. Case No.-144 Year-2021 Thana- PRATAPGANJ District- Supaul ====================================================== Amol Bharti @ Amol Yadav S/O Sukhdeo Yadav R/O Tintolia, P.S.- Pratapganj, Dist.- Supaul, 852125 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Purushottam Kumar, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-04-2026 Heard Mr.Purushottam Kumar, learned counsel for the petitioner, learned counsel for the informant and Mr.Shyam Kumar Singh, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 13.10.2025 in connection with Pratapganj P.S. Case No. 144 of 2021, F.I.R. dated 20.11.2021 registered for the offence punishable under Sections 302,120(B)/34 of IPC and Section 27 of Arms Act.

3. The FIR of the occurrence of murder is against unknown.

4. Learned counsel for the petitioner submits that the initially the petitioner was not named in the FIR. The name of the petitioner has been transpired during investigation on the

2/4 basis of the confessional statement of apprehended co-accused person. Thereafter, the petitioner has surrendered suo motu on 13.10.2025. Learned counsel for the petitioner further submits that from a bare perusal of the FIR it appears that the date of occurrence as alleged in the FIR is 17.11.2021 but the present FIR has been instituted on 20.11.2021 after delay of three days without giving any explanation of delay. Further submits that the person, who has confessed the name of the petitioner, namely, Deepak Kumar, has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 03.11.2022 passed in Cr. Misc. No.39782 of 2022 and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 13.10.2025.

5. Learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has himself confessed before the police that he was involved in the present crime in question due to previous political dispute, apart from that, the petitioner carries two more cases other than the present one but fairly submits that the petitioner is on bail in both the cases, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid facts, initially the

3/4 petitioner was not named in the FIR, the name of the petitioner has been transpired during investigation and the person, who has confessed the name of the petitioner, namely, Deepak Kumar, has been granted bail by a Coordinate Bench of this Hon'ble Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Supaul in connection with Pratapganj P.S. Case No. 144 of 2021, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T