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Patna High Court

Amarjeet Rai @ Amarjeet RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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