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Patna High Court

Amar Gupta @ Amar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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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