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Patna High Court

Aatish Anand @ DurgaversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to the conditions imposed by the Court.

Summary

The petitioners – Aatish Anand, Suraj Prakash and Himanshu Kumar Jaiswal – applied for anticipatory bail after a FIR was lodged alleging their involvement as conspirators in the murder of an informant’s son, with the offences charged under Sections 121, 121(A), 122, 103(1) and 61(2) of the Bharatiya Nyaya Sanhita. The petitioners contended that they were not named in the FIR, that there was no direct allegation of their participation in the killing, and that they have clean antecedents. The State opposed the bail, emphasizing the gravity of the offences. The Court, after considering the nature of the accusation, the material on record and the petitioners’ clean record, granted anticipatory bail subject to a bail‑bond of Rs 10,000 each, two sureties of equal amount, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that if arrested within eight weeks, the petitioners be released on bail under the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted to persons alleged to be conspirators in offences punishable under Sections 121, 121(A), 122, 103(1) and 61(2) of the Bharatiya Nyaya Sanhita.
  • Whether the absence of a direct allegation of participation in the murder and a clean antecedent justify the grant of anticipatory bail despite the seriousness of the charges.

Legislation cited

Subjects

  • anticipatory bail
  • conspiracy
  • serious offences
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7774 of 2026
                    Arising Out of PS. Case No.-734 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
           1.     Aatish Anand @ Durga S/O Bhushan Prasad Gupta R/o Mohalla-
                  Panchmandir, P.S.- Motihari Town, District- East Champaran
           2.    Suraj Prakash @ Suraj Kalwar S/O Rajesh Kumar @ Rajesh Gupta R/o
                 Mohalla- Thakurbari Deh, P.S.- Motihari Town, District- East Champaran
           3.    Himanshu Kumar Jaiswal S/O Sanjay Jaiswal R/o Mohalla- Dhramsamj
                 Chowk, P.S.- Motihari Town, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :      Ms. Anita Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                     Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 121, 121(A), 122,

                   103(1), 61(2) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., it is specific case of the informant

                   that all the named accused persons killed the son of informant

                   by stabbing knife on his chest and neck.

                                4. Learned counsel for the petitioners submits that

                   petitioners are not named in the F.I.R. Name of petitioners

                   transpired during course of investigation and only material that
              Patna High Court CR. MISC. No.7774 of 2026(2) dt.11-02-2026
                                                          2/2




                        has come against petitioners is that they are the conspirators and

                        there is absolutely no allegation that they participated in the

                        murder of deceased. Petitioners claim clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation, materials

                        available on record and clean antecedent, this anticipatory bail is

                        allowed and it is ordered that let the above named petitioners in

                        the event of their arrest/surrender before the court below within

                        a period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bond of Rs. 10,000/- (ten thousand) each with

                        two sureties of the like amount each to the satisfaction of Chief

                        Judicial Magistrate, East Champaran, Motihari in connection

                        with Motihari Town P. S. Case No. 734 of 2025, subject to

                        condition as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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