Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted pre‑arrest bail to the petitioner subject to bond and surety conditions.
Summary
Amarjeet Kumar, a 19‑year‑old, was accused of assaulting the informant's granddaughter, causing injuries including alleged knife wounds, under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He applied for pre‑arrest bail, contending the incident was an accident and the injuries were simple, with no corroboration of a knife blow. The State opposed bail, emphasizing the seriousness of the alleged assault. The court examined the nature of the injuries, the petitioner's young age and clean antecedent, and found the injuries to be simple. Accordingly, the court granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner despite the serious nature of the alleged offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the simple nature of the injuries and the petitioner's age and antecedent justify bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 351(2), 352, 74
Subjects
- pre‑arrest bail
- assault
- knife injury
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- simple injury
- age of accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2478 of 2026
Arising Out of PS. Case No.-470 Year-2025 Thana- SARAIYA District- Muzaffarpur
======================================================
Amarjeet Kumar S/o Lalan Raay @ Lalan Kumar Ray R/o Village- Balli
Saraiya, P.S- Saraiya, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Adv.
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard learned Advocate appearing on behalf of the
petitioner and the learned Additional Public Prosecutor for the
State.
2. The petitioner apprehends his arrest in connection
with Saraiya P.S. Case No. 470 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 74, 117(2),
118(1), 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita,
2023.
3. Allegedly on the fateful day, while the grand-
daughter of the informant was going to coaching, in the
meanwhile, the petitioner who was coming through his
motorcycle, dashed her, due to which she fell down on ground.
The petitioner further abused and gave a knife blow on her neck,
as a result of which she sustained knife injury, besides also
Patna High Court CR. MISC. No.2478 of 2026(2) dt.04-02-2026
2/3
received some fracture injury in her hands and legs. There is
further allegation of misbehaviour with the victim.
4. Learned Advocate appearing on behalf of the
petitioner submitted that in fact the present occurrence is
nothing but an accident, due to which the victim has sustained
some unfortunate injuries. However, taking shelter of previous
animosity, the present FIR came to be instituted. The injured
victim was duly examined by the doctor and all the injuries
found over her body have been said to be simple in nature. So
far the allegation of inflicting knife blow is concerned, the same
also does not corroborate with the injury report. The petitioner is
a man of tender age, only nineteen years old, besides having fair
antecedent undertakes before this Court that he will fully
cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that besides the allegation of misbehavior, the petitioner has
brutally assaulted the victim, due to which she sustained
injuries.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the nature of occurrence, besides simple injury sustained to the
Patna High Court CR. MISC. No.2478 of 2026(2) dt.04-02-2026
3/3
victim as well as fair antecedent of the petitioner, let the
petitioner above named be released on bail, in the event of his
arrest or surrender before the court below within a period of four
weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional Chief Judicial Magistrate, IV, West,
Muzaffarpur in connection with Saraiya P.S. Case No. 470 of
2025, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
supratim/-
U T
Checking your session…