Patna High Court
Ambuj AmritversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, finding the allegations prima facie insufficient to deny bail.
Summary
The petitioner, Ambuj Amrit, was named in an FIR for assaulting a junior engineer who was installing a smart electric meter at his house and for allegedly snatching the informant's gold chain and ring. The petitioner contended that the incident arose from a heated exchange over the meter installation, that the injury report did not support the assault allegation, and that the informant had not undergone a medical examination. He also pointed out that the informant had filed multiple counter‑cases, in which the petitioner was granted protection under Section 41‑A of the Cr.P.C., and argued that the theft allegation was fabricated to aggravate the charge. The State opposed the petition for anticipatory bail. The court held that the allegations of assault were prima facie general and omnibus, and therefore ordered the petitioner to be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the alleged offences.
- Whether the allegations of assault and theft constitute a prima facie case sufficient to deny bail.
- Whether the privilege granted under Section 41‑A of the Cr.P.C. in related cases influences the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 41-A, 438(2), 482(2)
Subjects
- anticipatory bail
- assault
- theft
- electric meter installation
- Section 41-A
- Section 438
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2456 of 2025
Arising Out of PS. Case No.-90 Year-2024 Thana- DARIHAT District- Rohtas
======================================================
Ambuj Amrit S/O Ram Bilash Singh Resident of village- Berkup PO- Darihat
PS- Darihat District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Adv
For the Opposite Party/s : Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 06-01-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehended his arrest in connection with Darihat P.S. Case No.
90 of 2024 registered for the offences punishable under Section
126(2), 115(2), 132, 303(2), 352 and 3(5) of the BNS.
3. As per FIR, petitioner assaulted informant who is
Junior Engineer, Dalmiya Nagar, while he visited the house of
petitioner to install smart electric meter and during the course of
occurrence golden chain and ring of informant were also snatched,
as alleged.
4. Learned counsel appearing on behalf of the
petitioner submitted that due to selection of place qua installation
of electric meter some hot exchange of words took place between
the petitioner and informant. It is submitted that allegation is
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against petitioner and also against his brother as to assault on the
head of informant by stone lying near to the place of occurrence
but the injury report is not supporting the allegations. It is pointed
out that informant was not examined medically and allegation of
theft qua snatching of chain and ring was raised just to aggravate
the allegation.
5. Arguing further, it is submitted that for the same
set of occurrence the petitioner’s side also lodged a case against
informant, which has been registered as Darihat P.S. Case No. 91
of 2024. It is pointed out that subsequent to this case informant
also alleged two cases against petitioner which have been
registered as Darihat P.S. Case No. 92 of 2024 & Darihat P.S.
Case No. 93 of 2024.
6. It is also pointed out that in aforesaid two
subsequent cases lodged by informant, petitioner was granted
privilege of Section 41-A of the Cr.P.C. and moreover matter is
related with recovery of electronic dues.
7. Learned APP appearing on behalf of the State,
opposes the prayer for anticipatory bail.
8. In view of the aforesaid facts and circumstances and
by taking note of allegation of physical assault is appearing prima-
facie very much general and omnibus in nature for which case was
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also lodged by petitioner’s side, accordingly the petitioner above
named, in the event of his arrest or surrender before the learned
trial court within a period of four weeks, is directed to be released
on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned SDJM, Dehri/concerned trial court
where the case is pending in connection with Darihat P.S. Case No.
90 of 2024 subject to the conditions as laid down under Section
438(2) of the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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