Patna High Court
Aatish Anand @ DurgaversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 121, 121(A), 122, 61(2)
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
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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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