Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36799 of 2025 Arising Out of PS. Case No.-420 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== Amit Kumar S/o Om Prakash Ray R/o Village- Ojhwaliya, PS- Shahpur, Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Chandauti P.S. Case No. 420 of 2024 instituted for the offence under Sections 309(6), 62, 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-b)A, 26 & 35 of the Arms Act.

3.

On 05.11.2024 at 12:30 A.M., four armed men looted Rs. 1,05,500/-, cash from the counter, and a POCO-Y 5G mobile from the CSP Bank after assaulting the informant, during which police and villagers chased them, arrested three accused with recovery of two pistols, cartridges and Rs. 5,500/-, while one accused managed to escape.

Patna High Court CR. MISC. No.36799 of 2025(3) dt.19-08-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 06-11-2024. Petitioner 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. Nothing incriminating article has been recovered from the possession of the petitioner. As per allegation, petitioner has recovered one loaded country made pistol along with two live cartridges. Petitioner was not put on T.I.P. Charge sheet has already been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 14-07-2025, passed in Cr. Misc. No. 42805 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 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. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.36799 of 2025(3) dt.19-08-2025 3/3 below/concerned Court in connection with Chandauti P.S. Case No. 420 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T