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Patna High Court

Kamlesh Verma @ Kamal Verma @ Kamlesh Prasad VermaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.28190 of 2026(2) dt.04-05-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.28190 of 2026(2) dt.04-05-2026
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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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