Amit Srivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23012 of 2026 Arising Out of PS. Case No.-184 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Amit Srivastava Son of Ramashankar Prasad Resident of Village- Sapgardha, P.S.- chiraiya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mrs. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Session Trial No. 135 of 2026 arising out of Harsidhi P.S. Case No. 184 of 2025 registered for the offence punishable under Section 109 of the B.N.S., 2023 and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that three unknown persons on a bike came before the shop of the informant, and one of them took out a pistol from his waist and started firing. The gunshot injury hit the jaw of the informant.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.23012 of 2026(2) dt.08-04-2026 2/3 case. He also submits that from perusal of the FIR, it is clear that the informant has not identified the assailant. The name of this petitioner has surfaced during the investigation in the confessional statement of co-accused and his own confessional statement. He further submits that save and except the confessional statement, there is nothing against the petitioner. He further submits that during the course of the investigation, the informant has given his statement before the police and in his statement he has reiterated the FIR but has not named anyone. No TIP has not been conducted. He further submits that similarly situated co-accused has been granted bail by this court vide Cr. Misc. No. 7743 of 2026. Moreover, the petitioner is languishing in judicial custody since 23.08.2025.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of four cases.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.23012 of 2026(2) dt.08-04-2026 3/3 Additional District & Sessions Judge-II, East Champaran, Motihari in connection with S. Tr. No. 135 of 2026 arising out of Harsidhi P.S. Case No. 184 of 2025.
(Ashok Kumar Pandey, J) Sudhanshu/- U T