Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48832 of 2025 Arising Out of PS. Case No.-292 Year-2024 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Amit Kumar S/o Devendra Poddar R/o Kharjamma, Ward No. 5, (Manhar), Dist.- Vaishali, Bihar- 844506 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madan Mohan, Adv.
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Sri Krishnapuri P.S. Case No. 292 of 2024, dated 01.10.2024 instituted for the offences punishable under Sections 304(2) of the B.N.S.Act.
3. The prosecution case in brief is that on 01.10.2024, when the informant was walking towards her home, two unknown persons came on a Motorcycle and snatched a gold chain of 25 Grams from her neck worth Rs. 1,60,000/-.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and he is in custody since 17.01.2025. On going through the records, it appears that the petitioner has criminal antecedents and as many as 13 cases of similar nature are pending. It is next submitted by the
Patna High Court CR. MISC. No.48832 of 2025(2) dt.08-08-2025 2/3 petitioner that there is no recovery from the possession of the petitioner and no T.I.P. has been done with respect to identification of the petitioner. The name of the petitioner has come on the confessional statement of co-accused namely Sujit Kumar. The petitioner has been granted bail in two other cases by a Coordinate Bench of this Court vide order dated 17.07.2025, passed in Cr. Misc. No. 44719 of 2025 and vide order dated 28.07.2025, passed in Cr. Misc. No. 46180 of 2025, in which the Hon'ble Court has directed the petitioner to be released after framing of charge, if not already framed.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail and submits that the petitioner has got so many antecedents and he does not deserves privilege of bail.
6. Considering the aforesaid facts and circumstances of the case and the fact that there is no recovery from the possession of the petitioner, no T.I.P. has been done with respect to identification of the petitioner, the name of the petitioner has come on the confessional statement of co-accused namely Sujit Kumar and has remained in custody for more than six months and as also the petitioner has been granted bail in two other cases by a Coordinate Bench of this Court in which the petitioner was taken on remand after arrest having been made in the instant case as referred in para 3 of the petition, and accordingly, the petitioner
Patna High Court CR. MISC. No.48832 of 2025(2) dt.08-08-2025 3/3 above named, is directed to be released on bail, after framing of charge, if not already framed, 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 Sub Divisional Judicial Magistrate, Patna in connection with Sri Krishnapuri P.S. Case No. 292 of 2024.
(Ajit Kumar, J) pravinkumar/- U T