Patna High Court
AMARJEET RAY @ AMARJEET KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, finding that the circumstances warranted release on bail.
Summary
Amarjeet Ray was arrested in connection with an assault on Rajesh Kumar, alleged to have been carried out with an iron rod causing grievous injuries. He was charged under Sections 126(2), 115(2), 118(1), 117(2), 109, 76 and 3(5) of the B.N.S. and had been in custody since 17‑11‑2025, with no prior criminal record. The petitioner pleaded innocence, claiming the incident was a mutual altercation arising from a petty dispute, and sought bail. The State opposed the bail application. Considering the mutual nature of the dispute, the petitioner’s clean antecedents, and the period of custody, the Court allowed the bail petition, directing release on a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case involving multiple serious offences under the B.N.S. given the circumstances of the alleged assault and the petitioner’s clean record.
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 76
Subjects
- bail
- assault
- grievous injury
- criminal procedure
- clean antecedents
- mutual altercation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10215 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
AMARJEET RAY @ AMARJEET KUMAR S/O LAXMAN RAY @
LAKSHAMAN RAY R/o vill - Dadpur Chaknoor, P.S.- Muffasil, Distt.-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Mukesh Kumar, Advocate
For the State : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126(2), 115(2), 118(1),
117(2), 109, 76 and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner assaulted on the head of Rajesh Kumar with iron rod
due to which he sustained grievous injuries.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
As a matter of fact, on account of petty dispute, simple
altercation took place between the parties in which both sides
sustained injuries. There is case and counter-case. Moreover,
Patna High Court CR. MISC. No.10215 of 2026(2) dt.18-02-2026
2/2
charge-sheet has already been submitted and petitioner, having
no criminal antecedents, is in custody since 17.11.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, case and counter-case between the parties, period of
custody and clean antecedents of the petitioner, the prayer for
grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned Sub Judge-V-cum-A.C.J.-II, Samastipur
in connection with Samastipur Muffasil P.S. Case No. 194 of
2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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