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Patna High Court

Amardeep Kumar @ Amardeep RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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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