Patna High Court
Amit SrivastavaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing release on a bond of Rs. 10,000 with two sureties.
Summary
Amit Srivastava was arrested in connection with a shooting incident alleged under Section 109 of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution’s case relied on a statement that three unknown persons fired at an informant, injuring his jaw, and on confessional statements of co‑accused that named the petitioner. The petitioner argued that he was falsely implicated, that the informant never identified him, and that there was no other evidence against him besides the confessional statements. The State opposed bail, citing four prior criminal cases against the petitioner. After hearing both sides, the High Court found the evidence insufficient to deny bail and ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the prosecution’s reliance on confessional statements and alleged prior criminal antecedents
- Whether the lack of positive identification by the informant and absence of other substantive evidence warrants bail
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109
Subjects
- bail
- criminal procedure
- Section 109
- Arms Act
- confessional statement
- prior criminal antecedent
- identification
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23012 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Amit Srivastava Son of Ramashankar Prasad Resident of Village- Sapgardha,
P.S.- chiraiya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
For the Opposite Party/s : Mrs. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Session Trial No. 135 of 2026 arising out of Harsidhi P.S.
Case No. 184 of 2025 registered for the offence punishable
under Section 109 of the B.N.S., 2023 and Section 27 of the
Arms Act.
3. The case of the prosecution, in short, is that three
unknown persons on a bike came before the shop of the
informant, and one of them took out a pistol from his waist and
started firing. The gunshot injury hit the jaw of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.23012 of 2026(2) dt.08-04-2026
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case. He also submits that from perusal of the FIR, it is clear
that the informant has not identified the assailant. The name of
this petitioner has surfaced during the investigation in the
confessional statement of co-accused and his own confessional
statement. He further submits that save and except the
confessional statement, there is nothing against the petitioner.
He further submits that during the course of the investigation,
the informant has given his statement before the police and in
his statement he has reiterated the FIR but has not named
anyone. No TIP has not been conducted. He further submits that
similarly situated co-accused has been granted bail by this court
vide Cr. Misc. No. 7743 of 2026. Moreover, the petitioner is
languishing in judicial custody since 23.08.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of four cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.23012 of 2026(2) dt.08-04-2026
3/3
Additional District & Sessions Judge-II, East Champaran,
Motihari in connection with S. Tr. No. 135 of 2026 arising out
of Harsidhi P.S. Case No. 184 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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