Created by Fuzzy Cloud

Patna High Court

Amarjeet Kumar @ Prithvi RajversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that regular bail could not be granted as the petitioner is alleged to have assaulted the victim resulting in death.

Summary

The petitioner, Amarjeet Kumar, was arrested in connection with a case of assault that allegedly caused the death of a victim, and is charged under Sections 126(2), 115(2), 109, 103, 61(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, claiming innocence, clean antecedents and that the post‑mortem report shows only minor injuries. The State opposed the bail, arguing that the allegations are serious and that prima facie material links the petitioner to the offence. The Court examined the seriousness of the alleged conduct, noting that the petitioner is accused of assault leading to death, and concluded that bail could not be granted at this stage. Consequently, the bail application was rejected, with a direction that the petitioner may re‑apply if the trial is delayed.

Issues considered

  • Whether regular bail should be granted to the petitioner accused of offences under the Bharatiya Nyaya Sanhita, 2023 including murder‑related charges.
  • Whether the existence of a prima facie case justifies denial of bail.

Legislation cited

Subjects

  • regular bail
  • bail denial
  • murder
  • assault
  • Bharatiya Nyaya Sanhita
  • prima facie case
  • criminal procedure
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19963 of 2026
                      Arising Out of PS. Case No.-393 Year-2025 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Amarjeet Kumar @ Prithvi Raj S/o- Devan Sah Village- Makkhachak PS-
                 Bakhri Dist- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Kumar Mishra, Advocate
                                                   Mr. Raj Kumar Sinha
                 For the Opposite Party/s :        Mr. Mukesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                   Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Bakhri P.S. Case No. 393 of 2025 registered for the offence

                   under Sections 126(2), 115(2), 109, 103, 61(2), 352 and 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution, the petitioner and others are

                   alleged to have assaulted the deceased brutally, causing the

                   death of the deceased.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 01.02.2026 and claims clean

                   antecedent. He further submits that the post-mortem report

                   doesn’t support the prosecution case as the deceased had

                   suffered only two injuries out of which one is bruise and one is
            Patna High Court CR. MISC. No.19963 of 2026(2) dt.01-04-2026
                                                        2/2




                      lacerated injury.

                                   5. Per contra, learned counsel for the State

                      vehemently opposes the bail application and submits that the

                      allegations against the petitioner are serious and grave in nature.

                      It is contended that there exists prima facie material against the

                      petitioner indicating his involvement in the commission of the

                      offence.

                                   6. Considering the fact that the petitioner has

                      assaulted the victim resulting in his death, this Court is not

                      inclined to grant regular bail to the petitioner for the present.

                                   7. Accordingly, this application for regular bail stands

                      rejected. If the trial is delayed by the prosecution, the petitioner

                      may renew his prayer for bail.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.