Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29166 of 2026 Arising Out of PS. Case No.-43 Year-2026 Thana- TATARPUR District- Bhagalpur ====================================================== Amit Kumar Son of Jaikant Prasad Gupta Resident of village- Urdu Bazar, Ps- Tatarpur, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-05-2026 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Tatarpur P.S. Case no. 43 of 2026 registered under section 305 of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant states that he resides in a lodge. Unknown accused persons broke open the lock of his room and stole his laptop along with the bag containing Rs.5,000/-.

4. Learned counsel for the petitioner submits that the FIR was registered against unknown. The petitioner was falsely implicated in the case in course of investigation. Referring to the order of the learned trial Court, it is submitted that one Md. Iftekhar

Patna High Court CR. MISC. No.29166 of 2026(2) dt.06-05-2026 2/3 @ Tabrez who was caught by the police is said to have confessed before the police of having given effect to the occurrence and of having sold the stolen laptop at the shop of the petitioner. On a raid being conducted, the laptop was recovered at the petitioner's shop. It is submitted by learned counsel that the petitioner was not aware that the laptop was a stolen article. He is in custody since 27.2.2026 and has no criminal antecedent.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation of the stolen article/laptop having been recovered from the petitioner's possession together with the petitioner having remained in custody since 27.2.2026 and specially his not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Tatarpur P.S. Case no. 43 of 2026 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhagalpur on the following condition:

(i) If it subsequently transpires that the petitioner has

Patna High Court CR. MISC. No.29166 of 2026(2) dt.06-05-2026 3/3 a criminal antecedent, the prosecution will be at liberty to move this Court for cancellation of bail of the petitioner. (Partha Sarthy, J) sauravkrsinha/- U T