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Patna High Court

Kamlesh Kumar Varman @ Kamlesh Kumar @ Kamlesh VarmanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The Patna High Court considered a bail application filed by Kamlesh Kumar Varman in connection with PS case No.268 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The incident stemmed from a dispute among school students during which anti‑social elements, including the petitioner, were present and the informant’s son was assaulted with bamboo. The petitioner argued that he merely intervened to pacify the fight and did not partake in the assault, while the State asserted his active participation in the crime. The court examined the petitioner’s fair antecedent, the nature of his alleged involvement, and the existence of a counter‑case (PS No.274 of 2025). Concluding that the material facts did not warrant denial of bail, the court granted bail on a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to bail in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023
  • Whether the petitioner’s alleged role and fair antecedent justify the grant of bail
  • Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable

Legislation cited

Subjects

  • bail
  • criminal law
  • assault
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • section 482
  • fair antecedent
  • counter case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2510 of 2026
                   Arising Out of PS. Case No.-268 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Kamlesh Kumar Varman @ Kamlesh Kumar @ Kamlesh Varman, S/o
                 Parikshit Varman R/o Village- Bairiya Colony, Ward No. 4, P.S.- Bairiya,
                 District- West Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Bairiya P.S. Case No. 268 of 2025 registered

                   for the offences punishable under Sections 191(2), 190, 126(2),

                   115(2), 118(1), 109(1), 351(2), 74 of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. On the fateful day on account of a dispute amongst

                   the students of the school, several anti-social elements,

                   including the petitioner, along with other unknown persons

                   came there and brutally assaulted the informant’s son and others

                   by means of Bamboo. It is specifically alleged that this

                   petitioner caught hold the son of the informant, whereupon co-

                   accused Pritam Varman has assaulted him by means of a
Patna High Court CR. MISC. No.2510 of 2026(2) dt.04-02-2026
                                            2/3




          Bamboo over his head, due to which he sustained head injury.

          There is further allegation against the other accused persons of

          causing assault to other students, due to which all of them have

          sustained serious injuries.

                       4. Learned Advocate for the petitioner submitted that

          in fact on account of a free fight amongst the students, some

          unfortunate injuries occurred to some of the students, however

          only on account of the fact that the petitioner was also present at

          the site of incidence and had tried to intervene and pacify the

          dispute that occurred amongst the children, the same was

          misconstrued, and the petitioner was considered to have entered

          the side of the accused. Even if the allegation is taken to be

          true, for the sake of argument, it is only alleged that the

          petitioner had caught hold the son of the informant, whereupon

          it is the co-accused Pritam Varman, who assaulted by means of

          Bamboo over his head. The petitioner has nothing to do with the

          present occurrence and he bears fair antecedent and moreover

          there is a counter version of the present case, being Bairiya P.S.

          Case No. 274 of 2025, instituted against the informant and

          others.

                       5. On the other hand, learned APP for the State

          vehemently opposes the bail application and submits that the
             Patna High Court CR. MISC. No.2510 of 2026(2) dt.04-02-2026
                                                         3/3




                       petitioner has also actively participated in the crime, in which

                       several students sustained injury.

                                    6. Having considered the submissions considered by

                       the learned Advocate for the respective parties and taking note

                       of the nature and the role assigned to the petitioner, coupled

                       with the fair antecedent as well as the factum of the case and

                       counter case, let the petitioner, named above, in the event of his

                       arrest or surrender before the court below within four weeks

                       from the date of receipt/production of a copy of this order, be

                       released on bail on furnishing bail bonds of Rs.10,000/- (Rupees

                       ten thousand) with two sureties of the like amount each to the

                       satisfaction of learned Judicial Magistrate, 1st Class, Bettiah,

                       West Champran in connection with Bairiya P.S. Case No. 268 of

                       2025, subject to the condition as laid down under Section 482

                       (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the

                       further condition that one of the bailors shall be the own/close

                       relative of the petitioner.


                                                   (Harish Kumar, J)
uday/-

U        T


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