Patna High Court
Amrit Vai Patel @ Amrit Bhai PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners, subject to strict conditions and the possibility of cancellation for non‑cooperation.
Summary
The petitioners, Amrit Vai Patel, Janardhan Prasad Mahto and Shankar Saw, applied for anticipatory bail in a case registered under multiple sections of the Indian Penal Code relating to assault, rioting, and other offences. They claimed they were falsely implicated in an incident that arose after a woman named Puja died during delivery, leading to a disturbance at a nursing home. The petitioners argued that the FIR allegations were vague and that they would cooperate with the investigation. The State opposed the bail, contending the seriousness of the offences. The court, after considering the submissions, granted anticipatory bail subject to the petitioners surrendering within six weeks, furnishing bail bonds of Rs 10,000 each with two sureties, and complying with conditions under Section 482(2) of the CrPC. The order also empowered the trial court to cancel bail if the petitioners fail to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the FIR allegations are sufficiently specific to deny bail
- Whether the petitioners are likely to abscond or tamper with evidence
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 115(2), 127(2), 190, 191(2), 308(4), 308(6), 329(4), 333, 351(2), 351(3), 352
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- false implication
- bail conditions
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18696 of 2026
Arising Out of PS. Case No.-262 Year-2025 Thana- SURYAGARHA District- Lakhisarai
======================================================
1. Amrit Vai Patel @ Amrit Bhai Patel S/O Janardhan Mehta R/O Village-
Patelpur, P.S- Surajgarha, Distt.- Lakhisarai.
2. Janardhan Prasad Mahto @ Janardhan Mehta S/O Late Sitaram Mahto R/O
Village- Patelpur, P.S- Surajgarha, Distt.- Lakhisarai.
3. Shankar Saw @ Shankar Sah @ Shankar Kumar S/O Rajkumar Sah R/O
Village- Patelpur, P.S- Surajgarha, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 191(2), 190, 115(2), 127(2), 329(4), 333, 308(4),
308(6), 352, 351(2), 351(3) of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners have antecedent of one case and the informant
alleges that accused persons including the petitioners came with
dead body of Puja in an ambulance and part in front of the
nursing home and created ruckus and damaged the nursing
Patna High Court CR. MISC. No.18696 of 2026(2) dt.02-04-2026
2/3
home on the pretext that Puja died during the course of delivery.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that during the course of
delivery, a patient Puja died, as such, villagers had gathered and
the doctors and staffs of the nursing home were not cooperating
rather were demanding money, as such, an altercation had taken
place and some nursing home articles were even destroyed, but
petitioners were being co-villagers of Puja had also come to the
nursing home and from perusal of the allegation as alleged in
the FIR, it would manifest that allegation of damaging the
articles of nursing home and assault is general and omnibus in
nature. It is also submitted that petitioners will not abscond
rather will cooperate in the investigation to prove their
innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
Patna High Court CR. MISC. No.18696 of 2026(2) dt.02-04-2026
3/3
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Surajgarha P. S. Case No.262 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioners, despite
giving assurance to this Court, are not cooperating in the
investigation or are not presenting themselves as and when
required, the learned trial Court shall be at liberty to cancel the
bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…