Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner, subject to a bail bond and sureties.
Summary
Aman Kumar was arrested in connection with a case alleging that he assaulted and threw the informant's son onto a railway track, violating several sections of the B.N.S. The petitioner contended that he was falsely implicated, highlighting a ten‑day delay in filing the FIR and an injury report indicating the victim fell on the track, not due to assault. He also emphasized his clean criminal record and that he had been in custody since August 2025. The State opposed bail, arguing the seriousness of the offences. Considering the delay, the medical evidence, and the petitioner's antecedents, the Court ordered that he be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, and the application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the B.N.S.
Legislation cited
- B.N.S. — s. 109, 115(2), 118, 126, 3(5), 351(3), 352
Subjects
- regular bail
- delay in FIR
- false allegations
- criminal antecedent
- B.N.S. sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2864 of 2026
Arising Out of PS. Case No.-273 Year-2025 Thana- KANTI District- Muzaffarpur
======================================================
Aman Kumar Son of Lal Babu Singh Resident of Village - Bariyarpur, P.S. -
Kanti, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Parasmani, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 02-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kanti P.S. Case No. 273
of 2025, registered for the offence under Sections 115(2), 118,
126, 109, 352, 351(3) and 3(5) of the B.N.S.
3. As per the prosecution case, on 23.05.2025, the
informant received a telephonic call that her son Anikesh Kumar
was admitted in Primary Health Centre in an injured condition
and was taken to the S.K.M.C.H. for better treatment. Allegation
has been levelled that the petitioner with the help of others,
bruttally assaulted the son of the informant and threw him on
railway track from where he was recovered. It is also alleged
that the petitioner used to threaten the informant in the past.
Patna High Court CR. MISC. No.2864 of 2026(3) dt.02-04-2026
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4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. It has further been submitted that there is a delay of ten
days in lodging the FIR, which casts a serious doubt on the case
of the prosecution. It appears from the injury report that the
injured son of the informant was examined on 23.05.2025 at Sri
Krishna Medical College and Hospital, Muzaffarpur, where the
cause of injury was alleged to be due to fall on the railway track.
The matter was never reported to the police, but after about nine
days, this FIR was lodged with false allegations. Moreover, the
injury report suggests that he was already under treatment at
S.K.M.G. Hospital; therefore, the claim that the present case
was filed belatedly because he was referred to S.K.M.G. does
not appear to be true. It has lastly been submitted that the
petitioner has clean criminal antecedent and is in custody since
06.08.2025.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.2864 of 2026(3) dt.02-04-2026
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with two sureties of the like amount each to the satisfaction of
learned Court concerned, Muzaffarpur in connection with Kanti
P.S. Case No. 273 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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