Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted anticipatory bail to both petitioners, subject to a bail bond of Rs.10,000 and two sureties each.
Summary
The petitioners, Amarjeet Kumar and Bunti Kumar, applied for anticipatory bail fearing arrest in a case (Barahiya P.S. Case No. 219 of 2025) where they were alleged to have participated in a brutal assault on an informant and theft of Rs.11,000. The prosecution charged them under several sections of the Bhartiya Nyaya Sanhita, 2023. The petitioners contended that they were falsely implicated, the FIR contained vague and omnibus allegations, and they had no prior criminal record, offering to cooperate with the investigation. The State opposed the bail. After hearing both sides, the court noted the general nature of the allegations and the petitioners' clean record, and ordered that they be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties each, if arrested or surrendered within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bhartiya Nyaya Sanhita.
- Whether the allegations in the FIR are sufficiently specific to deny bail.
- Whether the petitioners' lack of criminal antecedent warrants the grant of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115, 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- false implication
- general allegations
- criminal antecedent
- Bhartiya Nyaya Sanhita
- sections 126,115,109,303,352,351,3
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27540 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- BARHIYA District- Lakhisarai
======================================================
1. Amarjeet Kumar S/o Anil Mochi R/o Village-Khutahadih, P.S.-Barhaiya,
(Barahiya), District-Lakhisarai.
2. Bunti Kumar @ Banti Kumar S/o Sanjay Mochi R/o Village-Khutahadih,
P.S.-Barhaiya, (Barahiya), District-Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Mr. Umesh Prasad, Advocate
Mr. Mrityunjay Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Barahiya P.S. Case no. 219 of 2025, registered under
sections 126(2), 115, 109(1), 303(2), 352, 351(2) and 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the ten named accused
persons including the two petitioners herein as also 8-10 other
accused are said to have brutally assaulted the informant with
lathi, danda etc. Co-accused Shyam Kumar is said to have
snatched Rs.11,000/- from his possession.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.27540 of 2026(2) dt.29-04-2026
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petitioners have been falsely implicated in the case. Besides the
allegations being general and omnibus in nature, the injury
report does not support the allegation of assault by so many
persons. The petitioners have no criminal antecedent and
undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the F.I.R., the allegations being general and omnibus in nature
and the petitioners not having any criminal antecedent, it is
directed that both the petitioners above named, in the event of
their arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Barahiya P.S. Case no. 219 of 2025 on each of
them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Lakhisarai.
(Partha Sarthy, J)
Shiv/-
U T
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