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Patna High Court

Amit SrivastavaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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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