Patna High Court
Kamlesh Verma @ Kamal Verma @ Kamlesh Prasad VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners, holding that the general and omnibus nature of the allegations and the likelihood of false implication warranted release under Section 482(2) of the BNSS, 2023.
Summary
The petitioners, Kamlesh Verma and Anupam Kumar, sought bail in a criminal case (Goh PS Case No. 189 of 2025) where they were accused under multiple sections of the Bihar Negotiable Sale Act, 2023 and the Arms Act. The prosecution alleged that a fight broke out between two village groups, involving stone‑pelting and the brandishing of firearms, resulting in superficial injuries. The petitioners contended they were falsely implicated by a rival villager and that no specific overt act could be linked to them, emphasizing the general and omnibus nature of the allegations. The State opposed the bail application. Considering the possibility of false implication, the lack of concrete evidence against the petitioners, and the broad nature of the charges, the court ordered their release on bail subject to conditions under Section 482(2) of the BNSS, 2023. The bail bonds were set at Rs.10,000 each with two sureties and additional compliance conditions.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the charges under the BNSS, 2023 and the Arms Act
- Whether the allegations against the petitioners are specific enough to deny bail
- Whether Section 482(2) of the BNSS, 2023 permits the court to grant bail in view of possible false implication
Legislation cited
- Arms Act — s. 25(9)
- Bihar Negotiable Sale (BNSS) — s. 109(1), 115(2), 121(1), 126, 132, 189(4), 191(2), 191(3), 221, 351(2), 352, 482(2)
Subjects
- bail
- false implication
- Section 482
- BNSS 2023
- Arms Act
- general allegations
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28190 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- GOH District- Aurangabad
======================================================
1. Kamlesh Verma @ Kamal Verma @ Kamlesh Prasad Verma, S/O Late
Narayan Mahto,
2. Anupam Kumar @ Anupam Kumar Verma @ Bablu Verma, S/O Late
Shivnarayan Mahto
Both are residents of village- Bhurkunda, P.S.- Goh, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. In the present case, the petitioners are apprehending
their arrest in connection with Goh P.S. Case No. 189 of 2025
registered under Sections 191(2), 191(3), 189(4), 132, 221,
121(1), 115(2), 352, 109(1), 351(2), 126 of BNS, 2023 and
Section 25(9) of the Arms Act.
3. As per prosecution case, the informant, who is
S.H.O. of Goh Police Station, received the information on his
phone about an open fighting between two groups in a village.
When the informant went to pacify the matter, both sides
resorted to stone pelting on police party and brandishing illegal
Patna High Court CR. MISC. No.28190 of 2026(2) dt.04-05-2026
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firearms. A number of persons received injuries in said fighting
between the two groups.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case. The FIR has been lodged against 21 named persons
including the petitioner and 15-20 unknown persons. The
learned counsel further submits that the allegation of
brandishing firearms is against the co-accused Amit Kumar and
Dharamjeet Kumar and the general allegation of brick-biting
and stone pelting is against 19 other accused persons. The
learned counsel further submits that no one received any serious
injury. In the case diary, only one injury report has been
mentioned, i.e., the injury report of the informant and the injury
of the informant was stated to be simple. The other victims also
received superficial injuries. There is no allegation against the
petitioners for using firearms or of pelting stones against the
police. Further, during investigating, no specific overt act of the
petitioners have come to notice. The learned counsel further
submits that the petitioners were not present in their village but
the local chaukidar, who has inimical terms with the petitioners,
has falsely implicated the petitioners in the present case. The
learned counsel further submits that the persons of rivalry group
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of the petitioners belongs to SC/ST community and they are in
habit of implicating the petitioners and other co-villagers for
pressurizing the petitioners and others to extort money from the
government. The petitioner no.1 has been made accused in one
case in which he is on bail. The petitioner no. 2 is having
antecedent of two cases. However, these cases have been
registered by the same opposite group.
5. Learned APP vehemently opposes the submission
made on behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
mostly general and omnibus nature of allegation against the
petitioners and further considering the background facts and
further considering the possibility of false implication, let the
petitioners above named, in the event of their arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned Sub-
Divisional Judicial Magistrate, Daudnagar, Aurangabad, in
connection with Goh P.S. Case No. 189 of 2025, subject to the
condition as laid down under Section 482(2) of the BNSS, 2023
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and other following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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