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Patna High Court

Amarjeet Kumar @ Amarjeet YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties, and compliance with conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioner, Amarjeet Kumar, sought anticipatory bail fearing arrest in a case involving multiple offences under the Bihar Narcotic Substances (B.N.S.) Act, 2023. He alleged that he was falsely implicated by an informant following a disturbance where a crowd attacked police and seized liquor, and that the FIR was lodged two days after the incident, with no specific allegation of assault against him. The State opposed the bail, contending the seriousness of the offences. The Court examined the delay in filing the FIR, the lack of direct allegations against the petitioner, and the possibility of false implication. Considering these factors, the Court granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order directs that bail be released if the petitioner is arrested or surrenders within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
  • Whether the delay in filing the FIR and lack of specific allegations constitute grounds for bail
  • Whether the petitioner has been falsely implicated in the offences under the B.N.S. Act

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • FIR delay
  • Criminal Procedure Code
  • Bihar Narcotic Substances Act
  • Section 438
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4254 of 2026
                      Arising Out of PS. Case No.-382 Year-2024 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Amarjeet Kumar @ Amarjeet Yadav S/o Ram Prakash Yadav Resident of
                 village - Trimuhani Ward No. 13, PS - Bahera, Distt.- Darbhanga
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Archna Aanand, Advocate
                 For the Opposite Party/s :       Mr. Md. Ataur Rahman, A.P.P.
                 ======================================================
                 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 126(2), 115(2), 351(2),

                   352, 132, 121(1), 121(2), 74, 109, 125(b) and 191(2) of the B.N.S.,

                   2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges that

                   one Ranjit was apprehended in a case of liquor but the crowd

                   gathered and attacked the police force with lathi, danda, stone,

                   bamboo etc. and even misbehaved with Puja, who was video-

                   graphing the occurrence, thereafter, the accused persons snatched the

                   seized liquor from the Constable, namely, Chandan and also took out

                   the liquor from the dickey of the motorcycle and freed Ranjit.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the
           Patna High Court CR. MISC. No.4254 of 2026(2) dt.28-04-2026
                                                       2/2




                     informant. It is further submitted that from perusal of the allegation

                     as alleged in the FIR, it would manifest that the date of occurrence is

                     06.10.2024 and the FIR came to be instituted on 08.10.2024, i.e.,

                     after a delay of two days. It is next submitted that since petitioner

                     stays nearby to the place of occurrence, as such, he came to be

                     implicated. It is also submitted that no specific allegation of assault is

                     alleged against the petitioner.

                                  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 appearing on behalf of the petitioner, the petitioner, above-

                     named, in the event of his arrest or surrender within a period of six

                     weeks from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.10,000/- (Rupees Ten 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 Bahera P.S.

                     Casse No.382 of 2024, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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