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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

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


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