Patna High Court
Kamlesh Kumar Varman @ Kamlesh Kumar @ Kamlesh VarmanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 351(2), 74
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
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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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