Patna High Court
Amarnath Rai @ Amarnath RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103, 190, 191(2), 191(3)
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
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