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Patna High Court

Anmol Das @ Ampo DasversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner on the basis of police exoneration and lack of criminal antecedent.

Summary

Anmol Das applied for anticipatory bail fearing arrest in PS Srinagar Case No.86 of 2024, which alleged offences under IPC sections 147, 148, 149, 307 and Arms Act sections 25(9) and 27. The petitioner claimed he was falsely implicated, asserted that the police investigation had exonerated him and that he had no prior criminal record. The learned counsel for the State opposed the bail. The court, noting the police exoneration and the petitioner’s clean antecedent, allowed the bail application. Accordingly, the petitioner was directed to appear before the Judicial Magistrate within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 CrPC.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC in view of the petitioner’s alleged exoneration by police.
  • Whether the seriousness of the offences alleged under IPC and the Arms Act precludes the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 CrPC
  • false implication
  • police exoneration
  • IPC offences
  • Arms Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88531 of 2025
                    Arising Out of PS. Case No.-86 Year-2024 Thana- SHRI NAGAR District- Madhepura
                 ======================================================
                 Anmol Das @ Ampo Das S/o Chhutahru Das Residentof Village-Laxmipur
                 Bhagwati, Ward No-14, PS- Srinagar, District- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sharda Nand Mishra
                 For the Opposite Party/s :        Mr. Binod Kumar
                                                   Mr. Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Srinagar P.S. Case No. 86 of 2024 registered

                   for the offence under Sections 147, 148, 149, 307 of IPC and

                   under Sections 25(9), 27 of the Arms Act.

                                   3. As per the prosecution case, the petitioner is

                   accused of assaulting the victim.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that the

                   petitioner has been exonerated by the police and final form has

                   been submitted against him.
          Patna High Court CR. MISC. No.88531 of 2025(2) dt.15-01-2026
                                                      2/2




                                    5. He further submits that the petitioner has no

                    criminal antecedent.

                                    6. Considering the exoneration of the petitioner by

                    the police after investigation, this application is allowed.

                                     7. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released on bail on furnishing bail

                    bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of the learned Judicial

                    Magistrate, 1st Class, Madhepura/concerned Court below in

                    connection with Srinagar P.S. Case No. 86 of 2024, subject to

                    the conditions laid down in Section 438(2) of the Code of

                    Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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