Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78614 of 2025 Arising Out of PS. Case No.-54 Year-2024 Thana- SAHIYARA District- Sitamarhi ====================================================== Amit Kumar Son of Shambhu Sah Resident of Village-Basha, P.S-Bajpatti, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sahiyara P.S. Case No. 54 of 2024 instituted for the offence under Section 395 of the Indian Penal Code.

3. The prosecution case is that on 28.04.2024 midnight, 7-10 armed miscreants forcibly entered the houses of Vishwanath Singh and Ranjan Kumar, threatened their families at gunpoint, assaulted them, and looted cash, jewellery, and valuables. After locking the victims inside, the accused fled with the looted articles.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15-07-2024. Petitioner bears seven criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.78614 of 2025(3) dt.06-02-2026 2/3 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. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case on the disclosure made by co-accused, which has no evidentiary value. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has not been 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 10-09-2025, passed in Cr. Misc. No. 63874 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, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahiyara P.S. Case No. 54 of 2024, subject to

Patna High Court CR. MISC. No.78614 of 2025(3) dt.06-02-2026 3/3 the following conditions:

(I) One of the bailors shall be the petitioner's own or close member.

(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

(IV) The Petitioner shall not commit offence of a similar nature in future.

(V) The Petitioner shall not leave the territorial jurisdiction of the learned court below without prior permission of the court concerned.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T