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Patna High Court

Amit RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to bail‑bond and surety conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, a 19‑year‑old with no prior record, applied for anticipatory bail in a case registered under Sections 126(2), 115(2), 110, 351(2) and 352 of the B.N.S., alleging he assaulted an informant over a dispute concerning a bag. The petitioner claimed he was falsely implicated and that the injury caused was simple. The State opposed the bail, arguing the seriousness of the offences. The court considered the petitioner’s clean antecedent, the alleged nature of the injury, and the fact that it would be his first offence, and held that he could be released on bail pending trial. Accordingly, the court ordered his release on bail of Rs 10,000 with two sureties, one of whom must be his father, and imposed conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted under Section 482(2) in view of the alleged offences
  • Whether the petitioner’s alleged conduct and first‑time status justify bail
  • Whether the conditions imposed are sufficient to safeguard the investigation

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • first‑time offender
  • false implication
  • assault
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16540 of 2026
                       Arising Out of PS. Case No.-328 Year-2025 Thana- PIRBAHOR District- Patna
                 ======================================================
                 Amit Raj S/o Rajesh Sahni R/o - Durukhi Gali, Darji Tola, Sabzibagh, P.S -
                 Pirbahore, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madan Mohan
                 For the Opposite Party/s :       Ms.Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 126(2), 115(2), 110, 351(2), 352 of the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and is a young

                   boy aged about 19 years and the informant alleges that he

                   requested for a carry bag from the shop owner i.e. the petitioner,

                   on which petitioner got enraged and assaulted him by rod

                   causing injury on head.

                                4. The learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is next submitted that informant was demanding a
Patna High Court CR. MISC. No.16540 of 2026(2) dt.07-04-2026
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          carry bag on which petitioner said that the same is for Rs.5/-, on

          which an altercation took place in which both sides assaulted

          each other. It is further submitted that petitioner is alleged to

          have assaulted the informant by rod causing injury on head, but

          then, the injury has been opined to be simple in nature as would

          manifest from Annexure- P/3. It is also submitted that even

          presuming what has been alleged is true without admitting, then

          it is the first offence of the petitioner, the blow was not repeated

          and petitioner is a young boy and if he sent to judicial custody,

          his entire career would get jeopardized and chances are bright

          that he may come in contact with hardened criminals.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on bail

          on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Trial Court where the case is

          pending/successor Court in connection with Pirbahore P. S. Case

          No.328 of 2025, subject to the conditions laid down under
               Patna High Court CR. MISC. No.16540 of 2026(2) dt.07-04-2026
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                         Section 482(2) of the B.N.S.S. with a further condition that one

                         of the bailors of the petitioner shall be his father, Rajesh Sahni.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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