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Patna High Court

Amanullah @ Emanullah SemaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Amanullah Semani, was accused of assaulting an informant with a gadasi, leading to charges under several sections of the Bharatiya Nyaya Sanhita. He applied for anticipatory bail, fearing arrest, and argued that the injury was simple and he was innocent. The State opposed the bail application. The court examined the nature of the allegations and the seriousness of the injury. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions. The order directed that if arrested, the petitioner could be released on bail within eight weeks upon compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita for offences alleged under the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • criminal procedure
  • bail conditions
  • West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13312 of 2026
                 Arising Out of PS. Case No.-688 Year-2024 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Amanullah @ Emanullah Semani Son of Md Mozammil Mian @ Mujammil
                 Miyan @ Jujamil Miya Resident of village- Bahuarwa, ward no. 11, P.S.-
                 Majhaulia, District- Bettiah West Champaran, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rananjay Kumar, Advocate
                 For the Opposite Party/s :      Mr. Damodar Prasad Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118(1),

                   109, 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., this petitioner assaulted on the head

                   of informant with gadasi.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Injury

                   allegedly caused by the petitioner is simple in nature. Case and

                   counter case. Police after investigation submitted final form

                   against the petitioner.

                                5. Learned A.P.P. for the State vehemently opposed

                   the bail application.
              Patna High Court CR. MISC. No.13312 of 2026(2) dt.27-04-2026
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                                     6. Considering the nature of accusation and injury,

                        this anticipatory bail is allowed and it is ordered that let the

                        above named petitioner in the event of his 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) with two sureties of the like amount

                        each to the satisfaction of learned Judicial Magistrate, 1st Class,

                        Bettiah, West Champaran in connection with Majhaulia P. S.

                        Case No. 688 of 2024, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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