Patna High Court
Amarjeet Kumar Paswan @ Amarjeet PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail is warranted as the petitioner has a clean record, the allegations are unsubstantiated, and he has pledged cooperation, thus granting bail under Section 438(2) CrPC and Section 482(2) B.N.S. 2023.
Summary
The petitioner, Amarjeet Kumar Paswan, sought anticipatory bail after being implicated in a case under Section 105/3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for allegedly giving an injection that led to his daughter's death. He argued that the FIR was based on a false informant report, he has a clean antecedent, and he possesses medical training as an EMT. The State opposed the bail, contending the seriousness of the offence. The Court, considering the lack of substantive evidence, the petitioner's clean record, and his assurance of cooperation, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) B.N.S. 2023. The order also stipulated that the bail could be cancelled if the petitioner fails to cooperate with the investigation.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 105/3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner is likely to abscond or tamper with evidence, justifying denial of bail.
- Whether the petitioner's clean antecedent and willingness to cooperate warrant the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 105/3(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 105/3(5) B.N.S.
- Section 438 CrPC
- Section 482 B.N.S.
- false implication
- medical negligence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88202 of 2025
Arising Out of PS. Case No.-69 Year-2025 Thana- ANGARGHAT District- Samastipur
======================================================
Amarjeet Kumar Paswan @ Amarjeet Paswan Son of Dasrath Paswan
Resident Of Village- Rampur, Samathu, Ward no. 1, Ps- Angarghat, Dist-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saroj Kumar Sharma
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 10-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in a case registered for
the offence punishable under Section 105/3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that case
diary has been received but F.S.L. report is awaited, it is next
submitted that petitioner is person with clean antecedent and the
informant alleges that his daughter about a week back had come to
her parental home from her matrimonial home and was suffering
from skin disease. Accordingly, on 18.06.2025 the informant
called Bimlesh for giving injection, but Bimlesh sent his brother
Amarjit (petitioner), who has no experience of giving injection, as
such, after Amarjit injected his daughter, the condition of his
daughter deteriorated, thereafter, Amarjit called Bimlesh who came
Patna High Court CR. MISC. No.88202 of 2025(4) dt.10-04-2026
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and gave another injection and assured that his daughter would be
fine, further at 9 P.M., both the brother left and thereafter, the
condition of his daughter deteriorated and on the way to the
hospital, she died.
4. Learned counsel appearing on behalf of the petitioner
submits that petitioner has been falsely implicated in the instant
case by the informant, it is further submitted that from perusal of
the allegation as alleged in the F.I.R., it would manifest that
informant alleges that petitioner came and gave injection to his
daughter on account of which her condition deteriorated but
thereafter Bimlesh was called who also came and gave another
injection and the condition stablise, as would manifest from the fact
that the informant alleges that after some time both brothers left. It
is also submitted that petitioner has successfully completed the
Emergency Medical Technician-Basis (EMT) Course and her also
completed his two year’s course of Community Medical Service
and Essential Drug (CMS & EB) from Global Paramedical
Institute, as would manifest from Annexure-2 series to
supplementary affidavit, it is further submitted that if privilege of
anticipatory bail is granted to the petitioner, the petitioner will not
abscond rather will cooperate in the investigation.
5. Learned A.P.P. for the State vehemently opposes the
Patna High Court CR. MISC. No.88202 of 2025(4) dt.10-04-2026
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anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, I am inclined to grant privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, as named above, in the event of his
arrest or surrender within four weeks from today, be enlarged on
bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate, Ist Class, Dalsingsarai, Samastipur, in
connection with Angarghat P.S. Case No. 69 of 2025, subject to
the conditions laid down under section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
8. However, it is made clear that if the investigating
officer of the case file an application before the learned trial Court
bringing to its notice that petitioner despite giving assurance to this
Court is not cooperating in the investigation, in that event, the
learned trial Court shall be at liberty to cancel the bail bond of the
petitioner after recording the reason.
(Satyavrat Verma, J)
sanjeev/-
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