Created by Fuzzy Cloud

Patna High Court

Amarnath Rai @ Amarnath RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Given the nature of the accusation and the petitioner's clean antecedent, the court held that anticipatory bail should be granted subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Amarnath Rai, applied for anticipatory bail after an FIR was lodged under Sections 190, 191(2), 191(3) and 103 of the Bharatiya Nyaya Sanhita alleging his involvement in a firing incident that resulted in a death. The FIR states that co‑accused Bipin Ray fired the fatal shot, and the petitioner claims he had no role in the shooting and possesses a clean antecedent. The State opposed the bail, arguing the seriousness of the charges. The court considered the nature of the accusation alongside the petitioner's clean record and decided to grant anticipatory bail, subject to a bail bond of Rs. 10,000 and two sureties, and conditioned on compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that the petitioner be released on bail if arrested within eight weeks, upon furnishing the required bond and sureties.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita in view of the allegations under Sections 190, 191(2), 191(3) and 103.
  • Whether the petitioner's clean antecedent warrants the grant of anticipatory bail despite the seriousness of the charges.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • clean antecedent
  • FIR
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • Section 190
  • Section 191
  • Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.181 of 2026
                     Arising Out of PS. Case No.-154 Year-2025 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
                 Amarnath Rai @ Amarnath Ray Son of Dinesh Ray R/o Village - Bishanpur
                 Bery, Ward No.-9, Police Station - Mohiuddinnagar, District -Samastipur.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :      Md. Fahimuddin, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 190, 191(2), 191(3), 103

                   of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., on 23.07.2024 at about 1:45 AM, all

                   the named accused persons, including this petitioner, entered the

                   house of informant and started firing. It is alleged that co-

                   accused Bipin Ray fired upon the brother of informant as a

                   result of which, he died on the spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. There is no

                   allegation of firing against the petitioner and as per F.I.R.,

                   specific accusation of firing upon the deceased is against co-
              Patna High Court CR. MISC. No.181 of 2026(2) dt.20-01-2026
                                                          2/2




                        accused Bipin Ray. Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation and clean

                        antecedent, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Sub-Divisional Judicial

                        Magistrate, Shahpur Patori, Samastipur in connection with

                        Mohiuddinnagar P. S. Case No. 154 of 2025, subject to

                        condition as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.