Patna High Court
Adarsh Srivastava @ Adarsh Kumar @ Aadarsh Kumar @ Adarsh Kumar SrivastavaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to a bond of Rs.10,000, two sureties, and conditions ensuring trial cooperation and non‑tampering with evidence.
Summary
The petitioner, Adarsh Srivastava, was arrested on 2 September 2025 in connection with a FIR dated 2 August 2025 alleging that he fired upon an informant, causing stomach injuries. He sought bail, contending that the incident stemmed from a land dispute between agnate parties, that no injury report existed, and that the alleged shooting did not occur. The State opposed bail, noting that the petitioner has three other criminal cases, two of which are already on bail and one pending before another court. The Court examined the allegations, the lack of medical evidence, and the petitioner’s criminal antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties and specific conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was conditioned on the petitioner’s physical presence in court and allowed for cancellation if conditions are breached.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to a petitioner accused of firing upon a person under Sections 109(1), 351(3), and 3(5) of the BNS Act, 2023?
- Does the absence of a medical injury report and the claim of a land‑dispute motive affect the bail decision?
- How should the petitioner’s pending criminal cases influence the grant of bail?
Subjects
- bail
- criminal procedure
- firearm injury
- land dispute
- pending criminal cases
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12865 of 2026
Arising Out of PS. Case No.-543 Year-2025 Thana- SITAMARHI District- Sitamarhi
======================================================
Adarsh Srivastava @ Adarsh Kumar @ Aadarsh Kumar @ Adarsh Kumar
Srivastava S/o Sujit Kumar @ Sujit Kumar Srivastava Resident of Village -
Koat Bazar Maharani Asthan, Ward no. 13, P.S - Sitamarhi, District -
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shankar Kumar, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-04-2026 Heard Mr.Shankar Kumar, learned counsel for the
petitioner and Mr.Choubey Jawahar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
02.09.2025 in connection with Sitamarhi P.S. Case No. 543 of
2025, F.I.R. dated 02.08.2025 registered for the offence
punishable under Sections 109(1),351(3),3(5) of BNS, 2023.
3. Allegation against the petitioner is that he fired
upon the informant causing injuries on his stomach.
4. Learned counsel appearing for the petitioner
submits that although there is specific allegation against the
petitioner that he has fired upon the victim. Learned counsel for
the petitioner submits that in fact no such occurrence has taken
place due to admitted land dispute the present occurrence had
Patna High Court CR. MISC. No.12865 of 2026(3) dt.30-04-2026
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taken place and both the parties are agnates to each other, apart
from that, there is no injury report available on the record which
suggests that the victim has received any firearm injury and the
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 02.09.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
three more cases other than the present one but he fairly submits
that out of three cases, the petitioner is on bail in the two cases,
and rest one case is pending for consideration before the
competent court of law, as mentioned in para-3 of the bail
petition.
6. Considering the aforesaid fact, 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 learned Chief Judicial Magistrate,
Sitamarhi in connection with Sitamarhi P.S. Case No. 543 of
2025,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
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reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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