Patna High Court
Amit PatelversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Amit Patel applied for anticipatory bail fearing arrest in a case (PS No. 465 of 2025) involving offences under Sections 310(4), 310(5), 111, 61(2), 317(5) of the B.N.S., 2023, the Arms Act and the NDPS Act. The prosecution alleged that police intelligence linked Patel to a planned offence and that he was named by co‑accused. Patel contended he was innocent, had been falsely implicated, and suffered a leg fracture with a surgical rod, rendering him unable to flee. The State opposed bail, citing the seriousness of the charges and Patel’s prior criminal record. The Court, after hearing both sides, granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the petitioner’s medical condition and lack of incriminating material justify bail
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- B.N.S., 2023 — s. 111, 310(4), 310(5), 317(5), 61(2)
- B.N.S.S. — s. 482(2)
- NDPS Act — s. 8/20(b)(ii)B
Subjects
- anticipatory bail
- Criminal Procedure Code
- medical condition
- framing of accused
- bail conditions
- Arms Act
- NDPS Act
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19327 of 2026
Arising Out of PS. Case No.-465 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
Amit Patel S/o Rajvanshi Patel @ Rajvanshi Singh Resident of Village -
Dewariya, P.S- Maharajganj, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Anupam
For the Opposite Party/s : Mr.Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection with
Maharajganj P.S. Case No. 465 of 2025 instituted for the offence
under Sections 310(4), 310(5), 111, 61(2), 317(5) of the B.N.S.,
2023 and Sections 25(1-b)a, 26, 35 of the Arms Act and Sections
8/20 (b)(ii) B of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that the police
had an input that certain persons have gathered for committing
some offence. Four persons were apprehended, and they disclosed
the name of the petitioner.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has falsely been implicated in this case. He also
Patna High Court CR. MISC. No.19327 of 2026(2) dt.24-04-2026
2/2
submits that the petitioner was not apprehended. Nothing has been
recovered from his possession. He has been framed in this case
only on the basis of his criminal antecedents. Petitioner is having
criminal antecedent of five cases. Learned counsel for the
petitioner further submits that a supplementary affidavit has been
filed, which goes to show that the petitioner has suffered a fracture
in his leg and is unable to move, with a rod having been surgically
fixed in his leg.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioner on bail. The petitioner is
directed to surrender in the Court below within a period of four
weeks from today and in the event of his arrest or surrender in
connection with Maharajganj P.S. Case No. 465 of 2025, he will
be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each to
the satisfaction of learned A.C.J.M.-II, Siwan subject to the
conditions as laid down under section 482(2) of the B.N.S.S.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…