Patna High Court
Amit Kumar @ Amit Yadav @ Amit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted anticipatory bail to the petitioners, exercising its inherent powers under Section 482(2) of the BNSS.
Summary
The petitioners, Amit Kumar and Surendra Yadav, were implicated in Bachhwara P.S. Case No. 244 of 2025 for assaulting and outraging the modesty of Usha Kumari under several sections of the Bihar Non‑Sexual Offences Act, 2023. They argued that they were falsely implicated because of a long‑standing land dispute and that the injury to the victim was minor, with the FIR lodged two days after the alleged incident. The State opposed the grant of anticipatory bail. The High Court examined the FIR, the medical report, the petitioners’ prior criminal antecedent from 2018, and the seriousness of the charges. Considering the facts and the petitioners’ submissions, the Court exercised its powers under Section 482(2) of the BNSS and granted anticipatory bail subject to bond and surety conditions. The order directed that the bail be effective if the petitioners are arrested or surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in view of the alleged offences under Sections 126(2), 115(2), 109, 76 and 3(5) of the BNS, 2023
- Whether the delay in lodging the FIR and the minor nature of the injury affect the grant of anticipatory bail
Subjects
- anticipatory bail
- assault
- outraging modesty
- false implication
- land dispute
- FIR delay
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12753 of 2026
Arising Out of PS. Case No.-244 Year-2025 Thana- BACHHWARA District- Begusarai
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1. Amit Kumar @ Amit Yadav @ Amit Kumar Yadav, Male, aged about 38
years, Son of Late Sheoji Yadav @ Shivji Yadav, Resident of Village-
Bhikhamchak Ward No-9, P.S.- Bachhwara District- Begusarai.
2. Surendra Yadav @ Surendra Kumar @ Surendra Kumar Yadav, Male, aged
about 43 years, Son of Late Ram Sagar Yadav @ Ramsagar Yadav, Resident
of Village- Bhikhamchak Ward No-9, P.S.- Bachhwara District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Bachhwara P.S. Case No. 244 of 2025 instituted for the
offences punishable under Sections 126(2), 115(2), 109, 76 and
3(5) of the BNS, 2023.
3. Allegation against the petitioners and other co-
accused persons is to have assaulted by means of khanti upon
the head of the informant’s gotani’s daughter namely, Usha
Kumari, due to which she sustained injuries as well as outraged
her modesty.
4. Learned counsel for the petitioners submits that
petitioners are innocent have committed no offence and have
Patna High Court CR. MISC. No.12753 of 2026(2) dt.12-03-2026
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falsely been implicated in this case due to village drainage
dispute and old enmity between the parties. He submits that
there is land dispute attributed between the parties, due to
which, there is case and counter case against them. He further
submits that the injured was medically examined at Primary
Health Center, Bachhwara, Begusarai and the doctor, who
examined the injured person, namely, Usha Kumari, found the
injury to be simple in nature. He next submits that the
occurrence took place on 05.07.2025 but the FIR was lodged on
07.07.2025, after a delay of two days of the occurrence but there
is no any plausible explanation in this regard.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioners.
6. From perusal of the FIR and the impugned order of
the learned District and Additional Sessions Judge-VIII,
Begusarai dated 22.12.2025, it appears that on the basis of
written report of the informant, FIR has been registered under
Sections 126(2), 115(2), 109, 76 and 3(5) of the BNS, 2023
against seven co-accused persons including the present
petitioners and the allegation is of assaulting by khanti upon the
head of Usha Kumari (informant’s gotani’s daughter) due to
which, she sustained injuries, as well as outrage of her modesty.
Patna High Court CR. MISC. No.12753 of 2026(2) dt.12-03-2026
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From perusal of the impugned order, it also appears that only
one injury has been found on the head of Usha Kumari. The
allegation against co-accused person, namely, Raj Kumar is that
he assaulted by khanti on the head of Usha Kumari and the
allegation against the present petitioners are that they assaulted
and outrage of her modesty. Petitioners have got one criminal
antecedent as stated in para-3 of the petition and the said case is
of the year 2018, so considering all the aspects of the case and
submission of learned counsel for the petitioners, I am inclined
to grant anticipatory bail to the above named petitioners.
7. Accordingly, let both the petitioners above named,
in the event of their arrest or surrender before the trial Court
within a period of six weeks from today, be released on
anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Begusarai
in connection with Bachhwara P.S. Case No. 244 of 2025,
subject to the conditions laid down in Section 482(2) of the
BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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