Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46180 of 2025 Arising Out of PS. Case No.-382 Year-2024 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Amit Kumar S/o Devendra Poddar R/o Kharjamma, ward no. 5(Manhar), P.S Manhar, Distt.- Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Mohan, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sri Krishnapuri P.S. Case No. 382 of 2024 instituted for the offences under Sections 304 of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that when the informant was walking on the road, two unknown miscreants came on a motorcycle and snatched a gold chain from the informant's neck.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.46180 of 2025(2) dt.28-07-2025 2/3 transpired in this case on the basis of confessional statement of the co-accused Sujit Kumar. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted article. Except confessional statement of the co-accused person before police, there is no material to connect the involvement of the petitioner in the alleged occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.01.2025 and has eleven criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 17.07.2025 passed in Cr. Misc. No. 44719 of 2025.

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

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, 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

Patna High Court CR. MISC. No.46180 of 2025(2) dt.28-07-2025 3/3 connection with Sri Krishnapuri P.S. Case No. 382 of 2024, subject to the following conditions:

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

(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.

(Rudra Prakash Mishra, J) Alok Verma/- U T