Patna High Court
Amit Kumar @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petitioners' anticipatory bail application, subject to bail bonds and sureties, under Section 482(2) of the B.N.S.
Summary
The petitioners, Amit Kumar and Sumit Kumar, sought anticipatory bail fearing arrest in connection with Kasim Bazar Police Station Case No. 96 of 2025, which alleged offences under Sections 126(2), 115(2), 109, 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution alleged that the petitioners fired at an informant, but the police investigation reportedly exonerated them and submitted a final form on 31‑07‑2025, after which the magistrate took cognizance. The State opposed the bail, while the petitioners maintained their innocence and highlighted the police exoneration. The Court, considering the final police report and the circumstances, allowed the anticipatory bail application, directing the petitioners to furnish bail bonds of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the B.N.S. The order also stipulated surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted in a case where the police have submitted a final exonerating report but the magistrate has taken cognizance.
- Whether the provisions of Section 482(2) of the B.N.S., 2023 permit the grant of anticipatory bail in offences under the Arms Act and the B.N.S.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Arms Act
- Section 482
- police exoneration
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12235 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- KASIMBAZAR District- Munger
======================================================
1. Amit Kumar @ Raj Kumar S/O Ajay Yadav @ Ajay Kumar R/O Vill.-
Naulakha, P.S.- Kasim Bazar, Distt - Munger
2. Sumit Kumar @ Raju Kumar S/O Ajay Yadav @ Ajay Kumar R/O Vill.-
Naulakha, P.S.- Kasim Bazar, Distt - Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-02-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Kasim Bazar P.S. Case No. 96 of 2025, (G.R. No. 1347A
of 2025), for offences under Sections 126(2), 115(2), 109, 3(5)
of the B.N.S., 2023 and section 27 of the Arms Act.
3. The prosecution case, in brief is that the petitioners
are alleged to have fired upon the informant.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsley been implicated in the
present case. There is case and counter case between the parties.
Learned counsel further submits that the Police after
investigation have exonerated the petitioners and submitted final
Patna High Court CR. MISC. No.12235 of 2026(2) dt.23-02-2026
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form on 31.07.2025 and thereafter learned Magistrate has
deferred with the final form and has taken cognizance against
the petitioners. Petitioner no. 1 has one criminal antecedent
whereas petitioner no. 2 bears clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the above facts and circumstances of
the case and the fact that the Police has submitted final form, the
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioners, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Munger/concerned Court below, in
connection with Kasim Bazar P.S. Case No. 96 of 2025 (G.R.
No. 1347A of 2025) subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Ranjeet/-
U T
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