Patna High Court
Aman Kumar @ Aman Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail should be granted to the petitioners subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners, seven residents of Malkhachak village, sought anticipatory bail fearing arrest in a case registered under several sections of the Bihar Non‑Serious (B.N.S.) Act, 2023 relating to assault and weapon offences. They contended that the FIR was based on a personal dispute during a volleyball game and that the informant had falsely implicated them, noting that the alleged weapons such as a gun and sword were not substantiated in the complaint. The State opposed the bail, arguing the seriousness of the offences. The Court examined whether the allegations satisfied the criteria for denial of anticipatory bail under Section 438 of the Cr.P.C. and Section 482(2) of the B.N.S.S. and considered the petitioners’ clean antecedents and willingness to cooperate. Finding that the prosecution had not demonstrated a likelihood of the petitioners absconding or tampering with evidence, the Court granted anticipatory bail subject to a cash bond and surety, and conditioned it on cooperation with the investigation. The order also empowered the trial court to cancel the bail if the petitioners fail to cooperate.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the Criminal Procedure Code in the present case
- Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail
- Whether the petitioners are likely to abscond or tamper with evidence
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- criminal procedure
- bail conditions
- false implication
- assault
- weapon offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18847 of 2026
Arising Out of PS. Case No.-432 Year-2025 Thana- DIGHWARA District- Saran
======================================================
1. Aman Kumar @ Aman Kumar Singh Son of Baldeo Singh @ Pintu singh
Resident of Village- Malkhachak PS -Dighwara Dist -Saran at Chapara
2. Mahendra Kumar Singh @ Kanhaiya Kumar Singh Son of Late Yogendra
Singh Resident of Village- Malkhachak PS -Dighwara Dist -Saran at
Chapara
3. Nishant Kumar @ Nishant Kumar Singh Son of Mritunjay Kumar Singh @
Mritunjay Singh Resident of Village- Malkhachak PS -Dighwara Dist -Saran
at Chapara
4. Bipin Kumar Singh Son of Bhrigunath Singh Resident of Village-
Malkhachak PS -Dighwara Dist -Saran at Chapara
5. Anant Kumar Singh Son of Late Yogendra Singh Resident of Village-
Malkhachak PS -Dighwara Dist -Saran at Chapara
6. Yesranjan Kumar Singh @ Sanni Kumar Singh Son of Late Umesh Singh
Resident of Village- Malkhachak PS -Dighwara Dist -Saran at Chapara
7. Satyam Kumar @ Satyam Kumar Singh Son of Pramod Kumar Singh
Resident of Village- Malkhachak PS -Dighwara Dist -Saran at Chapara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
Ms. Archana, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 324(4), 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
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alleges that on 28.10.2025, at 05:00 p.m., 14 named accused
persons including the petitioners came in the ground where
informant was playing volleyboll and thereafter an altercation
took place when accused started assaulting him and even
assautled those who came to save the informant and others.
Further, Kanhaiya was carrying gun while Anant was carrying
sword and rest accused were having hockey stick, rod, chain and
lathi.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that on account of dispute
relating to playing in the ground an altercation took place in
which both sides assaulted each other. It is next submitted that
no doubt, from the side of the informant 10 people were injured
but then the injury suffered by the injured has been opined to be
simple in nature, except that of Sujeet, Abhishek and Yuvraj
whose opinion with regard to the injury has been reserved. It is
further submitted that allegation of assault is also not specific,
though Anant is alleged to have been carrying sword but then it
is not the case of the prosecution that he assaulted by sword and
as far as Kanhaiya is alleged to have carrying gun, the same
stands falsified from the fact that the FIR has not been instituted
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under the Arms Act nor there is any allegation of firing. It is
further submitted that even people from the side of the
petitioners have also suffered injury as would manifest from
Annexure-2 series to the anticipatory bail application. It is next
submitted that petitioners are not the criminals. It is also
submitted that if the privilege of anticipatory bail is granted to
the petitioners, the petitioners will not abscond, rather will
cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.1,000/-
(Rupees One Thousand) each 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
Dighwara P.S. Case No. 432 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
7. However, it is made clear that if the Investigating
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Officer of the case files an application before the learned Trial
Court bringing to its notice that the petitioners, despite giving
assurance to this Court, are not cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioners.
(Satyavrat Verma, J)
Kundan/-
U T
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