Patna High Court
Amit Kumar Yadav @ Amit Kumar Banti @ Amit Kumar @ BantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Amit Kumar Yadav, was arrested in connection with a violent incident in which he allegedly attempted to hit a woman with his motorcycle, abused her and her husband, and later, with his father, fired at the husband, looted Rs.2 lakh and discharged firearms. He faced charges under several sections of the Bihar Non‑Specific (BNS) Act and Section 27 of the Arms Act. The petitioner pleaded innocence, claiming a clean antecedent and that the FIR was fabricated; he also highlighted that the injury report showed only a single firearm wound despite allegations of two shooters. The prosecution opposed bail, emphasizing the seriousness of the offences. The court, noting the petitioner’s clean record and the discrepancy in the injury evidence, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS Act and the Arms Act.
- Whether the discrepancy between the FIR allegations and the injury report warrants bail.
- Whether the petitioner’s clean antecedent influences the bail decision.
Legislation cited
- Arms Act — s. 27
- Bihar Non‑Specific (BNS) Act — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Arms Act
- BNS Act
- clean antecedent
- fabricated FIR
- firearms injury
- robbery
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6605 of 2026
Arising Out of PS. Case No.-294 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
Amit Kumar Yadav @ Amit Kumar Banti @ Amit Kumar @ Banti S/o
Bhupendra Yadav R/o Village- Karnpoatti, Ward No. 13, P.S.- Triveniganj,
Distt.- Supaul
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prabhat, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 23-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.11.2025 in connection with Triveniganj P.S. Case No. 294 of
2025 for the offences punishable under Sections 126(2), 115(2),
352, 351(2), 109(1), 303(2), 3(5) of BNS and Section 27 of
Arms Act.
3. That the prosecution case, in brief, is that on
08.06.2025 this petitioner tried to hit her with his motorcycle
and abused her near her house. When her husband Arjun Yadav
reached there, petitioner also abused and threatened him before
leaving. Later, the petitioner returned with his father and ten
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persons. On the exhortation of his father, the petitioner fired at
Arjun Yadav on his chest, and his father also fired, injuring his
arm. It is further alleged that the accused persons entered the
house, looted Rs.2 lakhs, and fired several rounds at the place of
occurrence.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Learned counsel for the petitioner further
submits that from bare perusal of the FIR it appears that due to
petty dispute the present occurrence took place. It is further
submitted that although there is specific allegation against the
petitioner that he along with his father has fired upon the
husband of the informant. It is also submitted that as per the
allegation as alleged in the FIR, two persons have fired upon the
husband of the informant but from bare perusal of the injury
report of the injured person it suggests that he has received only
one firearm injury. It is further submitted that as per the injury
report, the injury caused to the injured person is simple in
nature.
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5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner is a person with clean antecedent and
as per the allegation as alleged in the FIR that two persons have
fired upon the husband of the informant but only one injury is
found on the body of the injured person, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned C.J.M., Supaul in
connection with Triveniganj P.S. Case No. 294 of 2025, subject
to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
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verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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