Patna High Court
Amar Gupta @ Amar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that, given the simple nature of injuries and the general character of the allegations, anticipatory bail is appropriate subject to the stipulated conditions.
Summary
The petitioners, Amar Gupta, Kanchan Devi and Rupa Gupta, sought anticipatory bail fearing arrest in a case registered under IPC sections 341, 323, 325, 308, 379, 504 and 506/34 for allegedly assaulting an informant and her husband, stealing jewellery and Rs.35,000. The dispute stemmed from a property conflict, with the petitioners being close relatives of the informant’s husband. The petitioners argued that the injuries reported were simple and the allegations were general in nature. The Additional Public Prosecutor opposed the bail. The Court, considering the simple injuries and the overall circumstances, granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 each with two sureties, and conditions under Section 438(2) CrPC and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 341, 323, 325, 308, 379, 504 and 506/34 of the IPC.
- Whether the nature of the alleged injuries and the underlying property dispute justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 308, 323, 325, 341, 379, 504, 506/34
Subjects
- anticipatory bail
- IPC offences
- property dispute
- simple injuries
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24872 of 2026
Arising Out of PS. Case No.-306 Year-2021 Thana- HILSA District- Nalanda
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1. Amar Gupta @ Amar Kumar Son of Ramesh Prasad Resident of Mohalla
Durga Sthan, Hilsa, P.S. - Hilsa, District - Nalanda.
2. Kanchan Devi @ Kanchan Kumari Wife of Amar Gupta @ Amar Kumar
Resident of Mohalla Durga Sthan, Hilsa, P.S. - Hilsa, District - Nalanda.
3. Rupa Gupta Wife of Mukesh Kumar @ Mukesh, D/o Ramesh Prasad
Resident of Mohalla Durga Sthan, Hilsa, PS Hilsa, District Nalanda. At
present residing at 874 Ambedkar Basti, RK Puram, Sector 01, New Delhi,
Dist. - South West Delhi, New Delhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Sections 341,
323, 325, 308, 379, 504, 506/34 of the Indian Penal Code.
3. Petitioners are said to have assaulted the informant
and her husband and snatched her golden neckless, earrings,
rings and also Rs. 35,000/- from the packet of her husband.
4. Learned counsel for the petitioners submits that the
present case arises out of a property dispute between the parties
and the petitioner no. 1 happens to be the full brother of the
informant’s husband while petitioners no.2 and 3 are the sisters-
Patna High Court CR. MISC. No.24872 of 2026(2) dt.30-04-2026
2/2
in-law of the informant. It has also been submitted that on
account of dispute, a scuffle had taken place between the parties
in which the petitioners side was also assaulted. However, the
injury report Annexure-P/2 has been pointed out to submit that
the injuries are also simple in nature.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the general and omnibus
nature of allegation coupled with the simple injuries, let the
above named petitioners in the event of their arrest or surrender
before the learned Court below within a period of four weeks
from today, be enlarged on bail on 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 court
below where the case is pending/successor court in connection
with Hilsa P.S. Case No. 306 of 2021, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C./482(2) of the
B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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