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Patna High Court

Amarjeet Yadav @ Amardeep YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to stipulated conditions.

Summary

The petitioner, Amarjeet Yadav, was implicated in a FIR (Ram Krishna Nagar P.S. Case No.730 of 2025) for offences under sections 126(2), 115(2), 109(1), 352, 3(5) of the Bihar Negotiable and Securities Act and section 27 of the Arms Act. The FIR records that co‑accused Abhishek Kumar fired at an informant, causing a bullet injury, and that the petitioner was present at the scene as a friend of the shooter. The petitioner argued that he had no active role in the shooting and was merely present, seeking anticipatory bail. The State opposed bail, contending that his presence with the shooter implicated him. The Court, noting the absence of any specific allegation against the petitioner in the FIR, granted bail subject to a bond of Rs.10,000, two sureties, and conditions including family surety and prohibition against witness intimidation.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite being present at the scene of the offence.
  • Whether the FIR specifically implicates the petitioner in the alleged offences.
  • Whether the conditions imposed on bail are appropriate under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • co‑accused
  • Arms Act
  • bail conditions
  • criminal procedure
  • presence at scene

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2739 of 2026
                 Arising Out of PS. Case No.-730 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Amarjeet Yadav @ Amardeep Yadav, Son of Anand kumar Yadav @ Nandu
                 Yadav @ Nanda Yadav R/o Mohalla - Near Gandhi Murti, P.S. - Beur, Dist. -
                 Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajay Kumar, Advocate
                 For the Opposite Party/s :     Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-02-2026                     Heard learned Advocate for the petitioner and

                   learned APP for the State.

                                   2. The petitioner          apprehends      his arrest       in

                   connection with Ram Krishna Nagar P.S. Case No. 730 of 2025

                   registered for the offences punishable under Sections 126(2),

                   115(2), 109(1), 352 and 3(5) of the BNS and Section 27 of the

                   Arms Act.

                                   3. Allegedly, on the fateful day, the informant was

                   called upon by co-accused Abhishek Kumar and when he

                   reached at the site, the petitioner along with other co-accused

                   persons besides some unknown persons were standing there. As

                   soon as the informant reached, all the accused persons started

                   assaulting him and co-accused Abhishek Kumar fired upon him
Patna High Court CR. MISC. No.2739 of 2026(2) dt.04-02-2026
                                            2/3




          due to which he sustained a bullet injury on his neck.

                          4. Learned Advocate for the petitioner submits that

          from the FIR, it is evident that it is co-accused Abhishek Kumar

          with whom there was a previous enmity and it is he who had

          fired upon the informant due to which he sustained bullet injury.

          So far the petitioner is concerned only on account of the fact that

          he being friend of co-accused Abhishek Kumar, was present at

          the place of occurrence, his name has been implicated in this

          case. Petitioner has nothing to do with the present occurrence and

          so far as the omnibus allegation against the petitioner and others

          of causing mar-pit are concerned, the same are superfluous. The

          petitioner though bears criminal antecedent but the same relates

          to Bihar Prohibition and Excise (Amendment ) Act.               The

          petitioner undertakes that he will fully cooperate in the

          proceedings of the court and would not indulge in any such

          activities.

                          5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submits that

          petitioner has also accompanied the co-accused Abhishek Kumar

          who had fired upon the informant as such he does not deserve

          anticipatory bail.

                          6. Having considered the submissions set forth by

          the learned Advocate for the respective parties and taking note of
            Patna High Court CR. MISC. No.2739 of 2026(2) dt.04-02-2026
                                                        3/3




                      the fact that no specific role of the petitioner assigned in the FIR,

                      let the above named petitioner, be released on bail, in the event of

                      his arrest or surrender before the learned Court below within a

                      period of four weeks from today, on furnishing bail bond of Rs.

                      10,000/- (Ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned J.M., 1st Class, Patna in

                      connection with Ram Krishna Nagar P.S. Case No. 730 of 2025,

                      subject to the condition as laid down under Section 482(2) of

                      the BNSS, with further following conditions:-

                                      (i) One of the bailors shall be the own/close family

                      members of the petitioner.

                                      (ii)   If   the    petitioner       is   found   involve   in

                      intimidating/ threatening the witnesses or the informant or

                      would indulge in such activities in future, the informant/State

                      shall be at liberty to file appropriate application for cancellation

                      of his bail bond(s).



                                                  (Harish Kumar, J)
khushbu/-

U      T


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