Patna High Court
Amit Kumar @ Subham Kumar @ Amit Yadav @ Subham YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail is permissible under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, given the petitioners' clean antecedent and the lack of specific overt act allegations.
Summary
The petitioners, four residents of Pakkisarai village, applied for anticipatory bail after being implicated in a FIR alleging assault and attempts to outrage the modesty of an informant's mother on 25 December 2024. The prosecution alleged that the accused entered the informant’s house, assaulted the family with an iron rod, and committed several offences under the Bharatiya Nyaya Sanhita. The petitioners contended they were innocent, argued that the allegations were vague and lacked specific overt acts, and highlighted their clean antecedent. The State opposed the bail, emphasizing the seriousness of the charges. The court, weighing the nature of the accusations against the petitioners’ clean record and the absence of specific allegations, exercised its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and granted anticipatory bail, subject to a bail bond and sureties.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the serious offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the allegations in the FIR constitute specific overt acts sufficient to deny anticipatory bail.
- Whether the petitioners' clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 190, 191(1)(2), 303(2), 351(4), 352, 76
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26273 of 2026
Arising Out of PS. Case No.-178 Year-2024 Thana- Ghogha District- Bhagalpur
======================================================
1. Amit Kumar @ Subham Kumar @ Amit Yadav @ Subham Yadav Son of
Bihari Yadav Resident of Village- Pakkisarai, P.S.- Ghogha, District-
Bhagalpur
2. Gautam Yadav Son of Sadanand Yadav Resident of Village- Pakkisarai, P.S.-
Ghogha, District- Bhagalpur
3. Bihari Yadav Son of Late Ramblish Yadav Resident of Village- Pakkisarai,
P.S.- Ghogha, District- Bhagalpur
4. Diwakar Yadav Son of Late Ramblish Yadav Resident of Village- Pakkisarai,
P.S.- Ghogha, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Upadhyaya, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(1)(2), 126(2),
115(2), 117(2), 109, 76, 303(2), 190, 352, 351(4) of the
Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 25.12.2024, all the
F.I.R. named accused persons, including these petitioners
entered into the house of the informant and tried to outrage the
modesty of his mother. Upon protest, the accused persons
assaulted informant and his family members by means of iron
Patna High Court CR. MISC. No.26273 of 2026(3) dt.24-06-2026
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rod as result of which they sustained injuries.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Allegation of assault is general and omnibus and there is no
specific allegation of any overt act against these petitioners.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
antecedent, this anticipatory bail is allowed and it is ordered that
let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate- II, Bhagalpur in connection with Ghogha P.
S. Case No. 178 of 2024, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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