Patna High Court
Amirilal PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions stipulated under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Amirilal Patel, sought anticipatory bail after learning that a case had been registered under Sections 317(2), 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita concerning illegal trade in animal bones. The FIR named seven accused who were arrested and confessed that additional unknown persons were involved, but none identified the petitioner. Although the petitioner has four prior criminal cases, he was not named in the FIR. The State opposed the bail, arguing possible involvement. The High Court, considering the petitioner’s lack of identification in the FIR and his assurance of cooperation, granted anticipatory bail on the condition of a Rs. 25,000 bond, two sureties of equal amount, and the father as a bailor, subject to Section 482(2) of the BNSS and possible cancellation for non‑cooperation.
Issues considered
- Whether anticipatory bail can be granted to a person not named in the FIR but having prior criminal antecedents.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nyaya Sanhita are appropriate in the present case.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 317(2), 317(4), 317(5), 3(5), 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- illegal trade in animal bones
- FIR
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4007 of 2026
Arising Out of PS. Case No.-25 Year-2025 Thana- Bhelahi District- East Champaran
======================================================
Amirilal Patel S/O Rambabu Patel Resident of Village- Musaharawa, P.S.-
Bhelahi, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Dilip Kumar No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 317(2),
317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases and the informant alleges
that an information was received that unknown accused are
indulging in trade of bones, accordingly the informant along
with the force reached the place of occurrence and apprehended
7 accused persons along with 150 sacks filled with animal bones
loaded on a tractor, thus, alleges that apprehended accused were
involved in illegal trade of animal bones.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.4007 of 2026(2) dt.28-04-2026
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from perusal of the allegations as alleged in the FIR, it would
manifest that 7 accused persons were arrested who disclosed
their names as recorded in the FIR and confessed that apart from
them, 8-10 unknown accused were also involved in the illegal
trade of animal bones, but then the name of the petitioner was
not disclosed by any of the apprehended accused, as such,
petitioner is not named as an accused in the FIR. It is next
submitted that when the apprehended accused did not disclose
the name of the petitioner, as such, it appears that subsequently
during the course of investigation, the petitioner came to be
implicated, since he has antecedent of four cases. It is next
submitted that had the petitioner been involved in the
occurrence, in that event the apprehended accused would have
named him. It is also submitted that if the privilege of
anticipatory bail is granted to the petitioner, petitioner will not
abscond rather will cooperate in the investigation to prove his
innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
Patna High Court CR. MISC. No.4007 of 2026(2) dt.28-04-2026
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from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Bhelahi P.S. Case No. 25 of 2025 subject to the
conditions as laid down under Section 482 (2) of BNSS.
7. One of the bailors of the petitioner shall be his
father namely Rambabu Patel .
8. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
Sumit/-
U T
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