Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court ordered the release of both petitioners on bail, subject to bond and conditions, finding that the circumstances did not warrant continued detention.
Summary
The petitioners, Amit Kumar and Uday Yadav, were named in an FIR for multiple offences arising from a violent incident at the informant's house, allegedly linked to a land dispute. The FIR alleged that the petitioners, armed, assaulted the informant's family with iron rods, causing serious injuries and alleged outraging of modesty. The petitioners argued that the incident was a "free fight" stemming from the land dispute, that the injuries to the informant's side were largely simple, and that they have clean antecedents. The prosecution opposed bail, contending the seriousness of the offences. The Court, noting the nature of the dispute, the relatively minor injuries, and the lack of satisfactory explanation by the prosecution, granted bail to both petitioners subject to a Rs.10,000 bond with two sureties each and conditions under Section 438(2) Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioners under Section 438(2) of the Criminal Procedure Code in view of the alleged offences.
- Whether the nature of the incident as a "free fight" arising from a land dispute justifies the exercise of the High Court's inherent powers under Section 482(2) of the BNSS.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
Subjects
- bail
- free fight
- land dispute
- assault
- Criminal Procedure Code
- Bihar Penal Code
- high court
- section 438
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27074 of 2026
Arising Out of PS. Case No.-415 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
1. Amit Kumar S/o- Uday Yadav Vill- Ramganj PS- Ghosi Dist-Jehanabad
2. Uday Yadav S/o- Chandar Yadav Vill- Ramganj PS- Ghosi Dist-Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Adv
For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP
For the O.P. No. 2 : Mrs. Ragini Kumari, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 27-04-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Ghosi P.S. Case No.
415 of 2025 registered for the offences punishable under
Sections 190, 191(2), 126(2), 109, 110, 74, 303(2), 352 and
351(2)(3) of the BNS.
3. As per FIR, in the morning, while informant was in
her house along with other family members, the petitioners along
with others variously armed rushed there and started abusing.
When the protest was made, the petitioners along with others
brutally assaulted the informant and her other family members by
means of iron rod and farsa due to which they sustained serious
injuries. The petitioners also snatched the valuables, besides
Patna High Court CR. MISC. No.27074 of 2026(2) dt.27-04-2026
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there is allegation of outraging the modesty of the female
members of the family.
4. Learned counsel appearing on behalf of petitioner
submitted that FIR contended that admittedly there is a land
dispute between the parties which resulted into a free fight
leading to injuries to persons of both the sides. However, the
prosecution has failed to explain the injuries, which are allegedly
sustained to the persons of the petitioners’ side. There is a
counter version of the present case being Ghosi P.S. Case
No.416 of 2025. It is the specific case of the petitioners that they
have also sustained one grievous injury besides simple injuries. It
is further contended that though in the said incident, three
persons of the informant’s side sustained injuries, however, all
the injuries have been found to be simple in nature, except one
found on distal phalanx of thumb of the informant’s son, which is
on non-vital part. While concluding arguments, it is submitted
that above named petitioners are men of clean antecedents.
5. Learned APP duly assisted by learned counsel for
the informant vehemently opposed the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as occurrence was free fight in nature in the
background of land dispute and by also considering the overall
Patna High Court CR. MISC. No.27074 of 2026(2) dt.27-04-2026
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nature of injuries as discussed aforesaid, accordingly both above-
named petitioners, in the event of their arrest or surrender before
the court below within a period of four weeks, are directed to be
released on bail, 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 CJM, Jehanabad/concerned Court,
where the case is pending in connection with Ghosi P.S. Case No.
415 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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