Patna High CourtCR. MISC./73347/2025bail granted

Amit Kumar v. The State Of Bihar

2025-10-16Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73347 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- Patarghat District- Saharsa ====================================================== Amit Kumar Son of Umesh Yadav @ Umesh Resident Of Village -Pama Ward No 01, PS- Pastpar District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Patarghat P.S. Case No. 25 of 2025 instituted for the offences under Sections 310(4), 310(5), 109, 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 35, 27 of the Arms Act.

3. The prosecution case is that on 12.02.2025, on secret information that 6-7 criminals were conspiring to commit crime, the informant SHO Patarghat P.S. with police party raided the place and the accused persons, who on being chased, fired upon the police.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.73347 of 2025(2) dt.16-10-2025 2/3 petitioner has falsely been implicated in the present case. Learned counsel further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.03.2025 and has six criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that there is allegation of firing against the petitioner and therefore, the petitioner may not be released on bail.

6. Considering the aforesaid facts and circumstances of the case 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. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patarghat P.S. Case No. 25 of 2025, 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

Patna High Court CR. MISC. No.73347 of 2025(2) dt.16-10-2025 3/3 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