Patna High Court

Atal KumarversusThe State of Bihar

Decided: 16 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail is granted to the petitioner.

Summary

The petitioner, Atal Kumar, was arrested on 22 November 2025 in connection with a police case (Bhagwanpur PS Case No. 316 of 2025) alleging assault on police officers while they were seizing illicit liquor. He was charged under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated, arguing that the FIR only mentioned a lathi in his hand and that the specific assault allegation was directed at co‑accused who had already been granted bail. The State opposed the bail application, citing the seriousness of the offences. After hearing both sides, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties and required his attendance at the police station every Sunday, with bail cancellation for non‑compliance.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious charges under the Bharatiya Nyaya Sanhita and the Arms Act
Whether the allegations in the FIR sufficiently link the petitioner to the assault on police officers

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita — s. 109, 115, 117, 118, 121, 125, 126, 132, 190, 191, 192, 221, 263, 324, 61

Subjects

bail
assault on police
illicit liquor
criminal procedure
Bharatiya Nyaya Sanhita
Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.17433 of 2026
                   Arising Out of PS. Case No.-316 Year-2025 Thana- BHAGWANPUR District- Begusarai
                 ======================================================
                 Atal Kumar S/O Ramadhar Mukhiya R/O Village- Bhith, Ward No. 12, P.S-
                 Bhagwanpur, Distt.- Begusarai.


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


                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Dhirendra Kumar, Advocate
                 For the State           :       Mr.Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Bhagwanpur P.S. Case No. 316 of 2025 registered for the

                   offence punishable under Sections 191(2), 191(3), 190, 126(2),

                   115(2), 117(2), 118(2), 109(1), 132, 121(1), 121(2), 125(a),

                   125(b), 221, 192, 61(2), 263 and 324(4) of the Bharatiya Nyaya

                   Sanhita and Section 27 of the Arms Act.

                                  3. The petitioner is said to have assaulted the police

                   personal when they caught some criminals dealing in illicit

                   liquor.
Patna High Court CR. MISC. No.17433 of 2026(2) dt.16-03-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. He futher submits that though the FIR states that the

          petitioner was having a lathi in his hand however, there is no

          specific allegation of assault attributed to the petitioner. The

          specific allegation was attributed to co-accused Kala Devi,

          Jyoti Devi and Asha Devi who have been granted bail vide

          order dated 28.01.2026 passed in Cr. Misc. No. 3606 of 2026

          and lastly another co-accused Manoj Kumar has been granted

          bail vide order dated 04.02.2026 passed in Cr. Misc. No. 7454

          of 2026.

                       5. The petitioner is in custody since 22.11.2025.

                       6. Learned APP appearing for the State opposes the

          prayer for regular bail of the petitioner.

                       7. Considering the aforesaid facts and circumstances

          of the case and submissions of learned counsel for the parties,

          let the petitioner, above named, be released on bail on furnishing

          bail bonds of Rs. 10,000/- (ten thousand) with two sureties of

          the like amount each to the satisfaction of the learned Chief

          Judicial Magistrate, Begusarai/ concerned Court in connection

          with Bhagwanpur P.S. Case No. 316 of 2025.

                       8. The petitioner will also mark attendance in
           Patna High Court CR. MISC. No.17433 of 2026(2) dt.16-03-2026
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                     Bhagwanpur Police Station, District- Begusarai on every

                     Sunday of the month. Any default in appearance at the Police

                     Station would result in cancellation of bail bonds of the

                     petitioner.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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