Patna High Court

Amit KumarversusThe State of Bihar

Decided: 6 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court granted anticipatory bail to the petitioners subject to bail bond and surety conditions.

Summary

The petitioners, Amit Kumar and Kaushal Sharma, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 74, 118(1), 352, 351(2) and 3(5) of the Bihar Non‑Compete Statute, 2023. They alleged that the informant, a neighbour with whom they have a passage dispute, falsely implicated them, claiming only petitioner‑1 assaulted the informant’s son while no specific allegation was made against petitioner‑2. The State opposed the bail, contending the offences were cognizable and serious. The Court examined the submissions, noting the lack of concrete evidence against petitioner‑2 and the neighbourly dispute, and applied the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S. The Court ordered that, if arrested or surrendered within six weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties of equal amount, subject to the usual conditions.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Section 438 Cr.P.C. in view of the allegations and the nature of the offences.
Whether the petitioners have been falsely implicated and thus merit relief from arrest.

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 438 Cr.P.C.
Section 482 B.N.S.S.
false implication
neighbor dispute
bail bond
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18891 of 2026
                          Arising Out of PS. Case No.-390 Year-2025 Thana- Arwal District- Arwal
                 ======================================================
           1.     Amit Kumar S/O Kaushal Sharma @ Kaushlendra Singh R/O Village- Barki
                  Ahiyapur, P.S. and Distt.- Arwal.
           2.     Kaushal Sharma @ Kaushlendra Singh S/O Late Ram Naresh Singh R/O
                  Village- Barki Ahiyapur, P.S. and Distt.- Arwal.
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramakant Singh, Advocate
                 For the Opposite Party/s :        Mr. Shyam Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-04-2026                  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),

                   74, 118(1), 352, 351(2) and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioners have antecedent of one case and the informant alleges that

                   accused persons including the petitioners along with two unknown

                   accused came and petitioner no. 1 assaulted his son by khanti causing

                   injury on his palm and thereafter accused persons started pelting

                   bricks and even assaulted his wife and left threatening.

                                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 from the side of the petitioners,
           Patna High Court CR. MISC. No.18891 of 2026(2) dt.06-04-2026
                                                       2/2




                     Arwal P.S. Case No. 391 of 2025 has been instituted against the

                     informant and his side. It is next submitted that no specific allegation

                     of assault is alleged against the petitioner no. 2, though petitioner no.

                     1 is alleged to have assaulted the son of the informant by khanti

                     causing injury on palm but then palm is a non-vital part of the body.

                     It is also submitted that petitioner and the informant are neighbours

                     and are having dispute relating to passage.

                                  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.10,000/- (Rupees Ten 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 Arwal P.S. Case No. 390 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.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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