Patna High Court
Amardeep Kumar @ Amardeep RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
Amardeep Kumar and Saurav Kumar, young students from Jamui, were implicated in a FIR alleging offences under several sections of the Bihar Negotiable Substances Act and Section 27 of the Arms Act. They applied for anticipatory bail, asserting they have clean records, were falsely implicated by an informant, and that no injury resulted from the alleged altercation. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the petitioners' clean antecedents and the circumstances of the alleged incident, ordered that they be released on anticipatory bail if arrested within six weeks, subject to a bail bond of Rs.25,000 and two sureties each, and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. One of the bailors for each petitioner was directed to be their respective fathers. The order aims to protect the petitioners' future prospects while ensuring compliance with legal procedures.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. despite the serious nature of the offences alleged.
- Whether the petitioners are likely to abscond, tamper with evidence, or otherwise jeopardize the investigation.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Substances Act — s. 109, 115(2), 117(2), 126(2), 3(5), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bihar Negotiable Substances Act
- Arms Act
- false implication
- student defendants
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86345 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- Gidhaur District- Jamui
======================================================
1. Amardeep Kumar @ Amardeep Ram S/O Ashok Ram R/O Village- Kolhua,
P.O- Banpur, P.S- Gidhaur, Distt.- Jamui.
2. Saurav Kumar @ Saurav Ram S/O Saurav Ram R/O Village- Kolhua, P.O-
Banpur, P.S- Gidhaur, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 15-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 117(2), 109, 352 and 3(5) of the BNS as well as Section
27 of the Arms Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and are young
boys aged about 23 and 19 years and are students. It is further
submitted that from perual of the allegation as alleged in the
FIR, it would manifest that informant also alleges that Monu is
his schoolmate and an altercation took place on account of
which firing was made but then no one was injured.
Patna High Court CR. MISC. No.86345 of 2025(3) dt.15-05-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that it is case where two
groups of student indulged in fighting. It is next submitted that
no one was injured in the occurrence. It is also submitted that if
petitioners, in the nature of allegation as alleged in the FIR, are
sent to judicial custody, their entire career would get jeopardized
and chances are bright that they may come in contact with
hardened criminals.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.25,000/-
(Rupees Twenty Five Thousand) each 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
Gidhaur Town P.S. Case No. 141 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.86345 of 2025(3) dt.15-05-2026
3/3
7. One of the bailors of the petitioners shall be their
respective fathers, namely, Ashok Ram and Saurav Ram.
(Satyavrat Verma, J)
Kundan/-
U T
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