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Patna High Court

Amarjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to a bail bond and specific conditions.

Summary

The petitioners, three residents of Kendua village, sought anticipatory bail after an FIR was lodged alleging they participated in a violent incident involving bursting crackers and assaulting the informant's family, with charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution opposed bail, citing the seriousness of the offences, while the petitioners argued that both sides were involved in a scuffle and that they had no prior criminal record (except one petitioner on bail). The court noted the existence of a case and counter‑case but considered the petitioners' willingness to comply with conditions and the principle of anticipatory bail under Section 482(2). Accordingly, the court granted anticipatory bail, requiring a bail bond of Rs.30,000 each, a family member as surety, and cancellation of bail if the petitioners repeat similar conduct. The order was made by Justice Dr. Anshuman of the Patna High Court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita, 2023
  • Whether the existence of a case and counter‑case affects the grant of anticipatory bail
  • What conditions, if any, should be imposed on the anticipatory bail

Legislation cited

  • Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 125, 126(2), 190, 191(2), 191(3), 2(1)(d), 303(2), 324(4), 329(4), 351(2), 352, 482(2), 74

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • assault
  • bail conditions
  • case and counter‑case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15754 of 2026
                       Arising Out of PS. Case No.-228 Year-2025 Thana- Kharagpur District- Munger
                 ======================================================
           1.     Amarjeet Kumar Son of Basudev Paswan Resident of Village- Kendua, P.S.-
                  Kharagpur, District- Munger
           2.    Kailash Paswan Son of Late Ramvaran Paswan Resident of Village- Kendua,
                 P.S.- Kharagpur, District- Munger
           3.    Rajeev Kumar Son of Gopal Paswan Resident of Village- Kendua, P.S.-
                 Kharagpur, District- Munger

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Surya Narayan Sah, Advocate
                 For the Opposite Party/s :        Mr. Syed Mojibur Rahman, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Kharagpur P.S. Case No. 228 of 2025 lodged

                   on 26.10.2025, for the offence punishable under Sections

                   191(2), 191(3), 190, 126(2), 115(2), 117(2), 324(4), 303(2),

                   118(1), 74, 351(2), 352, 329(4), 125 & 109 of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   16 named accused persons including the present petitioners. It

                   has been alleged by the informant that initially some of the
Patna High Court CR. MISC. No.15754 of 2026(2) dt.25-03-2026
                                            2/3




          accused persons were bursting crackers and throw upon the

          members of the informant’s family and also in the house of the

          informant. Upon protest of the same, all the accused persons

          came and armed with lathi, danda, iron rod and assaulted the

          informant’s side, due to which, injury has been caused.

                       4. Learned counsel for the petitioners submit that the

          petitioners are innocent and have committed no offence.

          Counsel submits that for the same date and place of occurrence,

          there are case and counter case from both the sides and both the

          sides sustained injuries. He submits that on petty issue, the

          scuffling took place from both the sides. He submits that both

          parties are resident of the same locality and well known to each

          other. Counsel further submits that the petitioner nos.1 and 2

          have clean antecedent, whereas, petitioner no.3 has one criminal

          antecedent in which he is on bail. Counsel submits that such

          mistake shall not occur in future and the petitioners are ready to

          fulfill all the conditions whatsoever shall be imposed upon

          them.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners but submits that from the record, it

          transpires that for the same date and place of occurrence, there

          are case and counter case from both the sides.
             Patna High Court CR. MISC. No.15754 of 2026(2) dt.25-03-2026
                                                         3/3




                                    6. As such, in the present facts and circumstances of

                       this case, let the above named petitioners be released on

                       anticipatory bail, in the event of arrest or surrender before the

                       Trial Court within a period of 4 weeks from today, on furnishing

                       bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as

                       mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of Additional Chief Judicial Magistrate-I, Munger,

                       in connection with Kharagpur P.S. Case No. 228 of 2025,

                       subject to the conditions as laid down U/s 482(2) of the

                       B.N.S.S., 2023 with further conditions:-

                                    (i) one of the bailors should be the family member of

                       the petitioners who shall provide official document to show

                       his/her bona fide;

                                    (ii) if, in the future, it is found that the petitioners are

                       again involved in a similar dispute, i.e., bursting crackers, then

                       the bail bond of the petitioners shall be liable to be cancelled by

                       the trial court itself.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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