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Patna High Court

Amit Kumar @ Amit Yadav @ Amit Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
           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
                                            2/3




          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
                                                        3/3




                      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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