Patna High Court
Somendra KamatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court granted anticipatory bail to the petitioners with conditions under Section 482 of the CrPC.
Summary
The petitioners, Somendra and Nagendra Kamat, applied for pre‑arrest (anticipatory) bail in a case registered under multiple sections of the Indian Penal Code for alleged assault, unlawful assembly, and robbery during a Durga Puja event. Their earlier anticipatory bail application had been rejected due to non‑disclosure of criminal antecedents, which they later disclosed, showing two and one prior cases respectively, both currently on bail. The State opposed the bail, citing the seriousness of the offences. The court considered the nature of the allegations, the simple injuries reported, the disclosed antecedents, and the existence of a counter‑case, and decided to grant anticipatory bail with conditions under Section 482 of the CrPC. The bail was ordered on a bond of Rs.10,000 with two sureties, subject to the conditions previously imposed, and the application was disposed of.
Issues considered
- Whether anticipatory bail can be granted under Section 482 CrPC despite the seriousness of the offences and disclosed criminal antecedents
- Whether the nature of the alleged injuries and the existence of a counter‑case justify the grant of bail
- Whether conditions can be imposed on the anticipatory bail order
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109, 115(2), 118, 118(2), 126(2), 190, 191(2)(3), 303(2), 325, 351(2)
Subjects
- anticipatory bail
- pre‑arrest bail
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- Bihar High Court
- unlawful assembly
- assault
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29042 of 2026
Arising Out of PS. Case No.-529 Year-2024 Thana- NAANPUR District- Sitamarhi
======================================================
1. Somendra Kamat S/O Late Jagdish Kamat Resident of Village - Chakauti,
P.S- Bokhara (Nanpur), Distt.- Sitamarhi
2. Nagendra Kamat S/O Late Jagdish Kamat Resident of Village - Chakauti,
P.S- Bokhara (Nanpur), Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ayush Kumar, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 01-05-2026 Heard Mr. Ayush Kumar, learned counsel appearing
on behalf of the petitioners and Mr. Ganesh Prasad Singh,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Nanpur P.S. Case No. 529/2024 registered for the
offence(s) punishable under Sections 191(2)
(3),190,126(2),115(2),118,109,118(2),303(2),325,351(2) of the
BNS.
3. As per the allegation made in the FIR, on the
occasion of Durga Puja, the accused persons including the
petitioners allegedly misbehaved with female members, and
upon protest, on the following day, they are said to have formed
Patna High Court CR. MISC. No.29042 of 2026(2) dt.01-05-2026
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an unlawful assembly and assaulted the informant’s brother and
others with deadly weapons like sword and farsa causing
injuries, and also snatched an amount of Rs. 3,80,000/-.
4. Learned counsel appearing on behalf of the
petitioners submitted that earlier anticipatory bail of the
petitioners was rejected in Cr. Misc. No. 21545 of 2025 vide
order dated 20.08.2025 on account of non-disclosure of criminal
antecedents, however, it is now disclosed that petitioner no.1 has
two criminal antecedents and petitioner no.2 has one antecedent,
and even in those cases they are on bail. The present case is a
counter-blast to the earlier case instituted by the side of the
petitioners. The allegations are general and omnibus in nature
and the injuries, as per the injury report, are simple in nature.
The petitioners are ready to appear before the learned court
below on 15.05.2026.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties and considering the facts and circumstances of the
case, particularly the nature of allegations, the existence of case
and counter-case, the fact that the injuries are stated to be simple
in nature, as also the disclosure of criminal antecedents, this
Patna High Court CR. MISC. No.29042 of 2026(2) dt.01-05-2026
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Court is inclined to grant the privilege of anticipatory bail to the
petitioners with conditions.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Nanpur P.S. Case No.
529/2024, subject to the conditions as laid down under Section
482 of the BNSS and further subject to the terms and conditions
as imposed in Cr. Misc. No. 21545 of 2025 vide order dated
20.08.2025.
8. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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