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Patna High Court

Amarjeet Kumar Gaurav @ Hariom Yadav @ Hariom RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Amarjeet Kumar Gaurav was arrested on 11‑Nov‑2025 in connection with a case filed under several sections of the BNS and Section 27 of the Arms Act, based on an FIR lodged by informant Samant Kumar Ray alleging that the petitioner abused him and fired at him. The petitioner contended that the FIR was fabricated, stemming from a prior personal dispute, and that he had not committed any offence. The State opposed bail, highlighting the specific allegations in the FIR and the petitioner’s antecedent of four other cases, though he was on bail in those matters. The court examined the allegations, the claim of fabrication, and the petitioner’s criminal record, and decided to grant bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was issued with a warning that any breach would lead to cancellation.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the BNS and Arms Act.
  • Whether the allegations in the FIR constitute a fabricated case warranting denial of bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of bail.

Legislation cited

  • Arms Act — s. 27
  • BNS — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352

Subjects

  • bail
  • FIR
  • fabricated allegation
  • criminal antecedent
  • Arms Act
  • assault
  • attempted murder
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7116 of 2026
                   Arising Out of PS. Case No.-364 Year-2025 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Amarjeet Kumar Gaurav @ Hariom Yadav @ Hariom Ray Son of Ram Sushil
                 Yadav @ Ram Sushil Kumar Yadav Resident of Village- Manorathpur, P.S.-
                 Kalyanpur, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Bhushan Prasad, Advocate
                                          :      Ms. Rani Shashi Bharti, Advocate
                 For the Opposite Party/s :      Mr. Md. Mushtaque Alam, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   28-04-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks bail who is in custody since

                   11.11.2025 in connection with Kalyanpur P.S. Case No. 364 of

                   2025 for the offences punishable under Sections 126(2), 115(2),

                   109(1), 352, 351(2) and 3(5) of BNS and Section 27 of Arms

                   Act.

                                3. The case of the prosecution, in brief, is that one

                   Samant Kumar Ray, the informant, gave his written application

                   to the SHO, Kalyanpur PS on 07.11.2025 with regard to an

                   incident dated 06.11.2025 disclosing therein that he is Mukhiya

                   of Gram Panchayat Raj Simria Bhindi. It is further alleged that

                   on 05.11.2025 at 12:00 the accused petitioner had openly abused
Patna High Court CR. MISC. No.7116 of 2026(4) dt.28-04-2026
                                            2/4




          the informant throughout the village Bhindi. Thereafter, the

          informant came to know that the petitioner is making conspiracy

          for killing him. Further it is alleged that on 06.11.2025 at 6:45

          hours in evening while the informant was going to break Chimni

          from Panchayat Bhavan in the meantime informant reached near

          the bridge where the informant found the petitioner who along

          with two persons were standing with motorcycle. It is further

          alleged that all the accused persons started abusing the

          informant and thereafter allegation is that accused petitioner

          shot fired upon the informant but fortunately the bullet did not

          touch and passed besides him. Thereafter informant after

          making alarm fled away to save his life when nearby people

          gathered to the place then after seeing them all accused persons

          fled away with his motorcycle. It is further disclosed by the

          informant that on earlier occasion also the accused petitioner

          had intercepted his vehicle and he had abused his driver.

                      4. Learned counsel for the petitioner submits 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.

          It is next submitted that although there is direct and specific

          allegation against the petitioner in the FIR that petitioner has

          fired upon the informant but fortunately/unfortunately the bullet
Patna High Court CR. MISC. No.7116 of 2026(4) dt.28-04-2026
                                            3/4




          did not touch the informant. Learned counsel for the petitioner

          submits that no such occurrence has taken place and due to

          previous dispute the petitioner has falsely been implicated in the

          present case and police after investigation has submitted charge-

          sheet on 04.01.2026 and petitioner is in custody since

          11.11.2025.

                      5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner and submits that petitioner is named in the FIR and

          there is direct and specific allegation against him. Apart from

          that, petitioner has antecedent of four cases other than the

          present case but fairly submits that petitioner is on bail in the

          pending matters.

                       6. Considering the aforesaid facts and circumstances,

          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 Chief

          Judicial     Magistrate,      Samastipur        in   connection   with   in

          connection with Kalyanpur P.S. Case No. 364 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
           Patna High Court CR. MISC. No.7116 of 2026(4) dt.28-04-2026
                                                       4/4




                     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 cancelled 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

                     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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