Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail is warranted and allowed the petition.
Summary
Amarjeet Kumar applied for anticipatory bail in a case where he is accused of multiple offences under the Bharatiya Nyaya Sanhita, including assault, robbery and other violent crimes. The petitioner claimed he was falsely implicated due to a land dispute with the informant and asserted he would cooperate with the investigation. The State opposed the bail, arguing the seriousness of the charges. The court examined the allegations, the petitioner’s claim of false implication, and the risk of absconding, and concluded that bail could be granted with conditions. Accordingly, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita
- Whether the petitioner is likely to abscond or tamper with evidence in the pending case
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 127(2), 303(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- false implication
- land dispute
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22559 of 2026
Arising Out of PS. Case No.-53 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Amarjeet Kumar Son of Late Lakhan Mahto Resident of Village - Mohanpur,
Ps- Bibhutipur, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratik, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-05-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State, Mr. Rabindra Kumar.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 126(2), 127(2), 115(2), 118(1), 74, 109, 303(2), 352,
351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. The learned counsel for the petitioner submits
that petitioner has antecedent of one case, as would manifest
from the supplementary affidavit and the informant alleges that
Roshan was apprehended in a case of liquor and is in custody,
further on 03.02.2025, 10 named accused persons including the
petitioner along with 5-7 unknown accused intercepted the
informant near the house of Yadunandan at 07:30 PM and Sanjit
along with petitioner gave orders to kill, on the pretext that
Patna High Court CR. MISC. No.22559 of 2026(2) dt.08-05-2026
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because of the informant, Roshan was sent to judicial custody,
thereafter Amit assaulted the informant by an iron rod causing
injury on head, thereafter Amarjit assaulted Avinash by rod
causing injury on head and Sumit assaulted Ram Pukar, a
differently abled person, by rod causing injury on head and
thereafter all accused assaulted Ram Pukar and Satya Devi
along with Sumitra snatched her earring and chain.
4. The learned counsel for the petitioner submits
that petitioner has been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that petitioner
is alleged to have assaulted Avinash by rod causing injury on
head, but then the blow is not alleged to be repeated and the
injury has been opined to be simple in nature. It is further
submitted that petitioner and the informant are agnates and are
having land dispute, as such, it appears that petitioner also came
to be implicated in the instant case. It is also submitted that if
privilege of anticipatory bail is granted, petitioner will not
abscond rather will cooperate in the investigation to prove his
innocence.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
Patna High Court CR. MISC. No.22559 of 2026(2) dt.08-05-2026
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6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks, is
directed to be released on bail on his furnishing bail-bonds in
the sum of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Sub-Divisional Judicial Magistrate, Rosera, Samastipur in
connection with Bibhutipur P. S. Case No. 53 of 2025, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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