Patna High Court
Amarjeet DomversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted subject to strict conditions.
Summary
Amarjeet Dom was arrested on 31‑10‑2025 in connection with a case alleging that he assaulted an informant with a knife, causing only simple injuries. He was charged under multiple sections of the Bharatiya Nyay Sanhita, 2023. The petitioner claimed innocence, arguing that the injury was minor and that the allegations were fabricated, while the prosecution highlighted three prior criminal antecedents and opposed bail. The court examined the nature of the injury, the seriousness of the offences, and the petitioner’s antecedents, and concluded that bail could be granted. Accordingly, the court ordered his release on a Rs 10,000 bail bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted despite the petitioner being charged with multiple offences under the Bharatiya Nyay Sanhita, 2023.
- Whether the simple nature of the injury and the petitioner’s claim of innocence outweigh the prosecution’s claim of prior criminal antecedents.
- Whether the conditions imposed are sufficient to ensure the petitioner’s compliance with the trial process.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 351(2), 351(3), 351(5), 74, 75, 76
Subjects
- bail
- assault
- simple injury
- criminal antecedent
- Bharatiya Nyay Sanhita
- conditions of bail
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16673 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- KOPA District- Saran
======================================================
Amarjeet Dom Son of Surendra Dom Resident of Village- Samhauta, P.S.-
Kopa, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Dhananjay Kumar Tiwary, learned
counsel for the petitioner as well as Mr. Shailendra Kumar,
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
31.10.2025 in connection with Kopa P.S. Case No. 73 of 2025,
F.I.R. dated 13.04.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 74, 75, 76, 351(2), 351(3)
3(5) of the Bharatiya Nyay Sanhita, 2023.
3. Allegation against the petitioner is that he caught
hold the informant with bad intention and assaulted her with
knife.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is
Patna High Court CR. MISC. No.16673 of 2026(2) dt.16-03-2026
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false and fabricated. Although there is specific allegation against
the petitioner that he assaulted to the informant and the
informant received injury but the injury report of the informant
suggest that injury inflicted upon her is simple in nature. He
further submits that the police after investigation submitted the
charge sheet against the petitioner and the petitioner is in
custody since 31.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that there is direct and specific allegation against the
petitioner and apart from that the petitioner carries three
criminal antecedents other than the present one but fairly
submits on the basis of paragraph-3 of the bail application that
the petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
injury inflicted upon the informant is simple in nature, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate-1st Class, Saran at Chapra in connection with Kopa
P.S. Case No. 73 of 2025,, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.16673 of 2026(2) dt.16-03-2026
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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