Patna High Court
Amarjeet Rai @ Amarjeet RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted subject to the conditions specified under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Amarjeet Rai, applied for anticipatory bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant with a stick. The petitioner claimed innocence, asserted that the injury caused was simple, and highlighted his clean antecedent. The State opposed the bail, arguing the seriousness of the charges. The court examined the nature of the accusations, the extent of injury, and the petitioner’s clean record. Considering these factors, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 126(2), 115(2), 303(2), 109, 333, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s clean antecedent and the simple nature of the alleged injury justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 333, 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- clean antecedent
- bail bond
- sureties
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12353 of 2026
Arising Out of PS. Case No.-1037 Year-2025 Thana- SONEPUR District- Saran
======================================================
Amarjeet Rai @ Amarjeet Ray S/o Krishna Ray R/o Village- Sabalpur Hasti
Tola, P.S- Sonepur, Dist- Saran, Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary, Advocate
For the Opposite Party/s : Ms. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 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), 303(2),
109, 333, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner assaulted on the head
of informant with farsa, causing injury to him.
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. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation, injury and clean
antecedent, this anticipatory bail is allowed and it is ordered that
Patna High Court CR. MISC. No.12353 of 2026(2) dt.24-02-2026
2/2
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 Additional Chief Judicial
Magistrate, Saran at Chapra in connection with Sonepur P. S.
Case No. 1037 of 2025, 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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