Patna High Court
Amit Kumar Singh @ Rinku SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioner, holding that the absence of specific allegations against him warranted release on bail under Section 482(2) of the BNSS.
Summary
The petitioner, Amit Kumar Singh, sought bail in a criminal case (PS Case No.598 of 2025) alleging assault and conspiracy to seize land, where the FIR named him among 40-50 accused but did not allege any specific act by him. He claimed innocence, arguing that the only specific allegations were against co-accused Pinku Singh and that he had a prior criminal case for which he was on bail. The State opposed the bail application. The Court examined whether the lack of specific allegations justified granting bail under Section 482(2) of the Bharatiya Nyaya Sanhita. Finding no direct charge against the petitioner, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions including appearance before the trial court and non‑interference with witnesses. The bail was granted subject to compliance with the stipulated conditions.
Issues considered
- Whether bail can be granted to an accused when the FIR does not contain specific allegations against him under Section 482(2) of the Bharatiya Nyaya Sanhita
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 303(2), 329(4), 351(2), 352, 482(2), 61(2), 74
Subjects
- bail
- criminal procedure
- Section 482
- specific allegation
- false implication
- assault
- conspiracy
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30763 of 2026
Arising Out of PS. Case No.-598 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Amit Kumar Singh @ Rinku Singh S/O Late Mahavir Singh Resident of
Village- Sinaura, P.S.- Bahadurpur, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand
For the Opposite Party/s : Mrs. Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in
connection with Laheriasarai P.S. Case No.598 of 2025 dated
04.10.2025, registered for the offence punishable under Sections
329(4), 115(2), 109, 303(2), 74, 352, 351(2), 61(2) of the
Bharatiya Nyaya Sanhita.
3. As per the FIR, the allegation is that the
petitioner, along with 40-50 others, assaulted the informant and
his family members with sticks during a dispute at the
informant’s saw mill, causing serious injuries including head
injuries and fracture, and that the occurrence was allegedly part
of a conspiracy to illegally grab the informant’s land.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. It is submitted that only general and omnibus
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allegations have been levelled against the petitioner. He further
submits that although the petitioner is a named accused in the
F.I.R., there is no specific allegation against him; rather, the
specific allegation has been levelled against co-accused Pinku
Singh. Lastly, it is submitted that the petitioner has one criminal
antecedent, in which he is on bail.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account that there is no specific
allegation against this petitioner, let the above named petitioner,
be released on bail, in the event of his arrest or surrender before
the learned Court below within a period of six 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 the learned CJM, Darbhanga/Successor Court in
connection with Laheriasarai P.S. Case No.598 of 2025 subject
to the conditions as laid down under Section 482(2) of the
BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
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date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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