Patna High Court

Amarjeet Kumar @ Ajeet SawversusThe State of Bihar

Decided: 12 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court held that anticipatory bail is warranted, subject to bond and surety conditions, under Section 482(2) of the BNSS, 2023.

Summary

Amarjeet Kumar was implicated in a case (Konch P.S. Case No. 180 of 2023) involving assault, causing a fracture, and theft of jewellery, alleged to have occurred on 08‑04‑2023. The petitioner claimed innocence, highlighting a 13‑day delay in filing the FIR, absence of incriminating material, no grievous injury to the victim, and a clean criminal record. The State opposed his anticipatory bail, while the petitioner’s counsel sought relief. The Court considered these facts, the petitioner’s lack of antecedents, and the possibility of surrender within six weeks, and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order effectively granted anticipatory bail with stipulated conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Whether the delay in lodging the FIR and lack of incriminating material justify the grant of bail.
Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita — s. 482
Indian Penal Code — s. 307, 323, 325, 34, 341, 379, 504, 506

Subjects

anticipatory bail
bail
Section 482
BNSS 2023
Indian Penal Code
assault
theft
delay in FIR
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14906 of 2026
                         Arising Out of PS. Case No.-180 Year-2023 Thana- KONCH District- Gaya
                 ======================================================
                 Amarjeet Kumar @ Ajeet Saw Son of Lal Mohan Saw Resident Of Village -
                 Khajuri, P.S.- Konch, District- Gaya.
                                                                     ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. Javed Jafar Khan, Advocate
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Konch P.S. Case No. 180 of 2023, instituted under Sections

                   341, 323, 325, 307, 379, 504, 506, 34 of the Indian Penal Code.

                                3. As per the prosecution case, on 08.04.2023 at 6

                   A.M., when the informant was going for natural call, accused

                   persons including the petitioner armed with lathi-danda and iron

                   rod started assaulting him, causing fracture on his right hand.

                   The accused persons entered into the house of the informant and

                   scattered the belongings and snatched golden ear-rings and

                   chain of his wife.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this
              Patna High Court CR. MISC. No.14906 of 2026(2) dt.12-03-2026
                                                          2/2




                        case. There is delay of 13 days in lodging the F.I.R. without any

                        plausible explanation. No incriminating material has been

                        recovered from the possession of the petitioner. It is further

                        submitted that injured has not received any grievous injury.

                        Petitioner has no criminal antecedent. Petitioner undertakes to

                        co-operate in the investigation and trial.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submission of learned counsel for the parties and petitioner

                        has no criminal antecedent, in the event of arrest or surrender

                        before the Court below within six weeks from today, the

                        petitioner be released on bail upon furnishing bail bonds of Rs.

                        10,000/- (ten thousand) with two sureties of the like amount

                        each to the satisfaction of learned Judicial Magistrate, Gaya in

                        connection with Konch P.S. Case No. 180 of 2023, subject to

                        the conditions laid down in Section 482 (2) of the Bharatiya

                        Nagrik Suraksha Sanhita (B.N.S.S.), 2023.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T

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