Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Amit Kumar, applied for anticipatory bail in a case where he was accused of assaulting his uncle, the informant, with a stick, causing injuries including a fracture of the left foot. The FIR alleged offences under Sections 115(2), 126(2), 109, 351(3) and 352 of the Bhartiya Nyaya Sanhita, 2023. The petitioner argued that the injury was not life‑threatening, the parties were related, and the dispute stemmed from a land conflict, contending that he was falsely implicated. The court considered the nature of the injury, the familial relationship, and the pending land dispute, and found that the grievous injury was on a non‑vital part of the body. Accordingly, the court exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail subject to a bond and sureties.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault under the Bhartiya Nyaya Sanhita, 2023
- Whether the nature and location of the injury justify denial of bail
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits the grant of anticipatory bail in these circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 351(3), 352
Subjects
- anticipatory bail
- assault
- land dispute
- injury
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14480 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- ISLAMPUR District- Nalanda
======================================================
Amit Kumar S/o Late Sambhu Prasad R/o vill - Dariapur, P.S.- Ishlampur,
Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Chandra
For the Opposite Party/s : Ms.Renuka Ratnakar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 15-05-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Islampur Police Station Case No. 285 of 2025, dated
01.06.2025, disclosing offences punishable under
Sections 115 (2)/126(2)/109/351(3)/352 of the Bhartiya
Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 31.05.2025, at about 7:30 AM, while the
informant was coming to his house from his agricultural
field and reached near his house, the petitioner, having
stick, started abusing the informant and assaulted him by
means of lathi, due to which he sustained injuries on his
head and hand.
Patna High Court CR. MISC. No.14480 of 2026(4) dt.15-05-2026
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4. Learned Counsel for the petitioner submits that the
petitioner, who is the nephew of the informant, is
innocent and has falsely been implicated in this case due
to admitted land dispute. He further submits that from the
injury report of the informant, it would be evident that all
the injuries sustained by him are simple in nature, except
one injury, which is fracture of left foot 5 th metatarsal.
Though this injury has been opined to be grievous in
nature, but the same is on the non-vital part of the body,
i.e. foot.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
both the parties are closely related to each other, there is
admitted land dispute between them and the grievous
injury has been found on the non-vital part of the body,
i.e. fracture of left foot 5th metatarsal, I am inclined to
grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
Patna High Court CR. MISC. No.14480 of 2026(4) dt.15-05-2026
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of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-I, Hilsa, Nalanda, in
connection with Islampur Police Station Case No. 285 of
2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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