Patna High Court
Amit Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Amit Kumar Gupta, an auto driver, was arrested in connection with a case alleging that he and others removed 48 rail poles, leading to charges under Sections 307 and 34 of the IPC and Section 27 of the Arms Act. He has been in custody since 10 February 2026 and claims to have no prior criminal record. The petitioner applied for bail, while the State opposed the application. The court considered the seriousness of the offences, the duration of custody, and the petitioner’s clean antecedent, and decided to grant bail. Bail was set at a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged attempt to murder, common intention, and illegal possession of arms.
- Whether the petitioner’s lack of prior criminal antecedent and custody duration justify bail despite the seriousness of the charges.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 307, 34
Subjects
- bail
- attempt to murder
- common intention
- arms act
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- Indian Penal Code
- surety
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30096 of 2026
Arising out of PS. Case No.-70 Year-2026 Thana- BIRPUR District- Supaul
======================================================
Amit Kumar Gupta S/o Anant Prasad Gupta @ Annat Prasad Gupta R/o Vill.-
Birpur, Ward No.13, P.S.- Birpur, Dist.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Birpur P.S. Case No. 70
of 2026 registered for the offences punishable under Sections
307/34 of the IPC and Section 27 of Arms Act.
3. The allegation is that the petitioner along with
others were seen taking away 48 pieces of rail pole and they
were caught.
4. Learned counsel for the petitioner submits that the
petitioner was the auto driver. He further submits that the
petitioner is in custody since 10.02.2026 and has no criminal
antecedent.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the petitioner is in custody since
Patna High Court CR. MISC. No.30096 of 2026(2) dt.06-05-2026
2/2
10.02.2026 and has no criminal antecedent, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate, Birpur, Supaul in
connection with Birpur P.S. Case No. 70 of 2026,
subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.