Patna High Court
Shivdatt @ Shivdatt Arya @ Shivdatt Prasad AryaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the petitioner is entitled to bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, a 64‑year‑old man suffering from a serious brain stroke, sought bail after being implicated in a case registered under Section 111 of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)(i), 26(1)(2) and 35 of the Arms Act. The FIR alleged that he was part of a gang planning kidnapping and murder, based largely on statements of co‑accused and the recovery of arms from another accused’s house. The petitioner contended that he had no material connection to the crime, no incriminating evidence was found on his premises, and that the allegations were politically motivated; he also highlighted his age, health, and the fact that similarly situated co‑accused had been granted anticipatory bail. The State opposed the bail application. Considering the lack of direct evidence, the petitioner’s health, age, and the precedent of anticipatory bail to co‑accused, the court ordered that bail be granted on condition of a Rs 10,000 bond with two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to bail despite allegations under Section 111 of the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner’s age, health, and absence of direct incriminating material justify the grant of bail.
- Whether the grant of anticipatory bail to co‑accused influences the decision on the petitioner’s bail.
Legislation cited
- Arms Act — s. 25(1-b)(i), 26(1)(2), 35
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 111
Subjects
- bail
- anticipatory bail
- Arms Act
- Section 111 BNS
- health and age considerations
- political victimisation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21166 of 2026
Arising Out of PS. Case No.-669 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Shivdatt @ Shivdatt Arya @ Shivdatt Prasad Arya S/o Mahavir Prasad R/o
Village- Sadargali, P.S- Khajekalan, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rudal Prasad, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Section 111 of the Bharatiya Nyaya Sanhita and
Sections 25(1-b)(i), 26(1)(2) and 35 of the Arms Act.
3. As per the F.I.R., the informant arrested four
accused persons, who were coming in a Xylo Car bearing Reg.
No. BR01-PB-1577 in suspicion condition. On inquiry, they told
that they have organized a gang, in which 8 more persons
including the petitioner are members. The accused persons
disclosed that they were planning of kidnapping and murder of a
person. From the house of apprehended co-accused, namely,
Nandkishore Singh @ Puttan Singh, several arms and
ammunition were recovered.
Patna High Court CR. MISC. No.21166 of 2026(2) dt.15-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to local politics. Further
submission is that petitioner has no concern with the accused
persons. Nothing incriminating material has been recovered
from the premises of the petitioner or from his conscious
possession. Except the confessional statement of co-accused,
there is nothing material against the petitioner. Petitioner is aged
about 64 years, suffering from serious disease of brain stroke
and is under treatment for last two years. He next submits that
similarly situated seven accused persons have been granted
anticipatory bail vide order dated 04.09.2025 passed by learned
District and Additional Sessions Judge-II, Patna City in A.B.P.
No. 1436 of 2025 and A.B.P. No. 1457 of 2025 (Annexure-P/2).
Petitioner has got one criminal antecedent in which he is on bail.
Petitioner undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation, age of the petitioner and the fact that similarly
situated co-accused persons have been granted anticipatory bail,
Patna High Court CR. MISC. No.21166 of 2026(2) dt.15-04-2026
3/3
let the above named petitioner be released on bail, in the event
of arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-VI, Patna City in connection with Alamganj
P.S. Case No. 669 of 2025, subject to the conditions as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita with further conditions:-
(i) Petitioner shall co-operate in the investigation and
trial and shall remain present on each and every date during trial
and in his absence on two consecutive dates, the trial court is at
liberty to cancel his bail bond.
(ii) If the petitioner tampers with the evidence or the
witnesses of the case, in that case, prosecution will be at liberty
to move for cancellation of bail of the petitioner
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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