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Patna High Court

Amardeep @ Amardeep YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The petitioner is entitled to bail.

Summary

Amardeep Yadav was arrested in connection with an alleged assault on an informant, charged under several sections of the Bihar Narcotic Substances Act, 2023 and the Bihar Prohibition and Excise Act, 2022. The prosecution’s case relied mainly on CCTV footage to identify the petitioner, while the injured person’s statement named two other individuals and not the petitioner; three other witnesses did name the petitioner. The petitioner argued that the identification was tenuous, that the incident occurred in a public thoroughfare, and that he has a clean antecedent and has been in custody since 10 April 2026. The court examined the sufficiency of CCTV identification, the seriousness of the offences, and the petitioner’s clean record, concluding that the material did not justify denial of bail. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties of the same amount, emphasizing that the observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether identification of the accused solely on the basis of CCTV footage is sufficient to deny bail
  • Whether the petitioner’s clean antecedent and period of custody warrant the grant of bail despite the seriousness of the offences
  • Whether the nature of the offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act preclude bail

Legislation cited

Subjects

  • bail
  • CCTV identification
  • assault
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33826 of 2026
                  Arising out of PS. Case No.-269 Year-2026 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
                 Amardeep @ Amardeep Yadav S/O Narendra Kumar R/O Village- Baldev
                 Nagar, Diliyan, P.S.- Sasaram (Town), Distt.- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Raghunandan Kumar Singh, Adv.
                 For the Opposite Party/s :     Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   27-05-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Sasaram (T) P.S. Case

                   No.     269 of 2026 registered for offence punishable under

                   Sections 126(2), 115(2), 109(1), 352, 351(2), 3(5) of the BNS,

                   2023 and Section 37 of the Bihar Prohibition and Excise Act,

                   2022.

                               3. The allegation is that four unknown persons

                   including the petitioner are said to have assaulted the informant.

                                4. Learned counsel for the petitioner submits that the

                   name of the petitioner has transpired on the basis of CCTV

                   footage. It is further submitted that the place of occurrence is

                   public thoroughfare and any person can move and walk through

                   the locality. The injured person in his statement has disclosed
     Patna High Court CR. MISC. No.33826 of 2026(3) dt.27-05-2026
                                 2/3




the name of two others and not the petitioner. However, three

witnesses have disclosed the name of the petitioner. It is also

submitted that the petitioner has clean antecedent and is in

custody since 10.04.2026.

          5. Learned Additional Public Prosecutor for the State

has vehemently opposed the prayer for bail of the petitioner.

          6. Having regard to the aforesaid submissions and the

material on record, this Court finds that merely on the basis of

CCTV footage the name of the petitioner has transpired and the

injured person in his statement has disclosed the name of two

others and not the petitioner and also the petitioner is in custody

since 10.04.2026 having clean antecedent, this Court is of the

view that the petitioner is entitled to bail.

          7. Let the petitioner, above named, be released

on bail on furnishing bail bonds of Rs. 10,000/- (Ten

thousand) with two sureties of the like amount each to

the satisfaction of the Court of learned Special Excise

Judge II, Sasaram at Rohtas, in connection with

Sasaram (T) P.S. Case No. 269 of 2026.

           8. It is made clear that any observation made

herein is prima facie in nature and limited solely for

the purpose of            adjudication of             the    present   bail
               Patna High Court CR. MISC. No.33826 of 2026(3) dt.27-05-2026
                                           3/3




           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                          (Ansul, J)
Vikash/-

U      T


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