Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Amit Kumar, was named in FIR No. 245 of 2025 for allegedly assaulting a police informant (chaukidar) on 11 September 2025, including slapping and tearing his uniform, and was charged under multiple sections of the Bharatiya Nyaya Sanhita. He filed an application for anticipatory bail, claiming innocence and alleging that the accusations were politically motivated. The court examined the FIR details, noting that the petitioner was specifically alleged to have assaulted a government public servant while on duty, an act that threatens the safety of law‑enforcement personnel. Considering the seriousness of the offences and the prevalence of mob violence against police in the State, the court found no sufficient ground to grant bail. Consequently, the anticipatory bail petition was rejected.
Issues considered
- Whether anticipatory bail should be granted to a person accused of assaulting a public servant under the Bharatiya Nyaya Sanhita.
- Whether the allegations against the petitioner constitute a serious threat to law‑enforcement safety warranting denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 121(1), 126(2), 132, 303(2), 324(4), 3(5)
Subjects
- anticipatory bail
- assault on public servant
- mob violence
- Bharatiya Nyaya Sanhita
- criminal law
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18585 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- WARISNAGAR District- Samastipur
======================================================
Amit Kumar S/o Nagesh Ray Resident of village- Bhado Ghat, Police
Station- Warisnagar, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Warisnagar Police Station Case No. 245 of 2025,
disclosing offences under Sections 126(2), 115(2), 118(1), 109,
324(4), 121(1), 132, 303(2) and 3(5) of Bharatiya Nyaya
Sanhita.
3. The prosecution case, as per the First Information
Report lodged by the chaukidar, is that on 11.09.2025 at about
10:00 A.M., while the informant was going to the police station,
and no sooner had he reached Bhadopur village, he was
surrounded by the accused persons, including the petitioner. It is
alleged that one Nitish Kumar and Gulshan Kumar assaulted the
informant with iron rod on his head, stating that the informant
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used to pass information about illegal liquor trade to the police.
In the meanwhile, the petitioner, along with 8 to 10 other
accused persons, slapped the informant and tore his uniform.
They also damaged the motorcycle of the informant and
snatched Rs. 735/- from him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence in the
manner alleged. The specific allegation of assault is against the
other accused persons, and the only allegation against the
petitioner is that he slapped the informant and tore the uniform
of the chaukidar. The petitioner has been made accused due to
local politics.
5. Regards being had to the submissions made by the
parties, taking into consideration the fact that the petitioner is
specifically named in the FIR with the allegation that he
assaulted the Government public servant, i.e., a chaukidar,
during course of his duty, and the fact that an attack on police
team while on official duty under mines the safety and security
of law enforcement agency. Incidents of mob violence against
law enforcement agency has become order of the day now in
this State which can be very dangerous, often escalating
tensions and compromising public safety. Accordingly, I am not
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inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the prayer for bail is rejected.
(Anil Kumar Sinha, J)
Siwani/-
U T
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