Patna High Court
Aman Kumar Raj @ Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Aman Kumar Raj, sought anticipatory bail fearing arrest in a case (PS Case No. 368/2025) where he was alleged, along with others, to have assaulted the husband and nephew of an informant. The prosecution charged him under multiple sections of the B.N.S., while the petitioner contended that the incident was a petty dispute resulting in minor injuries and that no specific overt act was proved against him. He also highlighted his clean antecedents. The State opposed the bail, but the court, after considering the nature of the injuries, the case‑and‑counter‑case scenario, and the petitioner’s background, granted anticipatory bail. The order stipulated that if arrested within eight weeks, the petitioner must furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the B.N.S. The bail was thus enlarged pending surrender or arrest.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite charges under Sections 191(2), 126(2), 115(2), 117(2), 76, 109(1), 303(2), 352, 351(2) and 329(4) of the B.N.S.
- Whether the allegations constitute a specific offence sufficient to deny bail
- Whether the petitioner’s clean antecedents and the minor nature of injuries justify the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 191(2), 303(2), 329(4), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- assault
- criminal procedure
- clean antecedents
- minor injuries
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18005 of 2026
Arising Out of PS. Case No.-368 Year-2025 Thana- NAUGACHIA District- Bhagalpur
======================================================
Aman Kumar Raj @ Aman Kumar S/o Manoj Kumar Suman Resident of
Village - Tulsipur, P.S - Kharik, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar Yadav, Advocate
For the State : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 191(2),
126(2), 115(2), 117(2), 76, 109(1), 303(2), 352, 351(2) and
329(4) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner, along with other F.I.R. named accused persons,
assaulted husband and nephew of the informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.18005 of 2026(2) dt.22-04-2026
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committed no offence. As a matter of fact, on account of petty
dispute, simple maar-peet took place between the parties in
which both sides sustained injuries. There is case and counter-
case. Allegation of assault is general and omnibus and no
specific accusation of any overt act has been alleged against this
petitioner. Doctor has found the injuries, allegedly caused by
this petitioner, simple in nature. Petitioner claims clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, case and counter-case between the parties, nature of
injuries allegedly caused by this petitioner and clean antecedents
of the petitioner, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M. 1 st, Naugachia,
Patna High Court CR. MISC. No.18005 of 2026(2) dt.22-04-2026
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District- Bhagalpur in connection with Naugachia P.S. Case No.
368 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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