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2026 DAILYLAW 33636 (PAT)

Aatish Anand @ Durga v. The State Of Bihar

CR. MISC./7774/2026 · 2026-02-11

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7774 of 2026 Arising Out of PS. Case No.-734 Year-2025 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1. Aatish Anand @ Durga S/O Bhushan Prasad Gupta R/o Mohalla- Panchmandir, P.S.- Motihari Town, District- East Champaran 2. Suraj Prakash @ Suraj Kalwar S/O Rajesh Kumar @ Rajesh Gupta R/o Mohalla- Thakurbari Deh, P.S.- Motihari Town, District- East Champaran 3. Himanshu Kumar Jaiswal S/O Sanjay Jaiswal R/o Mohalla- Dhramsamj Chowk, P.S.- Motihari Town, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Ms. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 11-02-2026 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 121, 121(A), 122, 103(1), 61(2) of the Bharatiya Nyaya Sanhita. 3. As per F.I.R., it is specific case of the informant that all the named accused persons killed the son of informant by stabbing knife on his chest and neck. 4. Learned counsel for the petitioners submits that petitioners are not named in the F.I.R. Name of petitioners transpired during course of investigation and only material that Patna High Court CR. MISC. No.7774 of 2026(2) dt.11-02-2026 2/2 has come against petitioners is that they are the conspirators and there is absolutely no allegation that they participated in the murder of deceased. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the nature of accusation, materials available on record and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Town P. S. Case No. 734 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T