Patna High Court
Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the simple nature of the injuries and absence of prima facie intent to cause death warrant granting bail to the petitioners.
Summary
The petitioners, Amresh Kumar and his mother Mina Devi, were named in an FIR for assaulting an informant and others during a land dispute, with injuries caused by pelting stones. They sought bail, arguing that the FIR contains a general allegation and that the specific injury to the informant was a simple head injury, not indicating intent to cause death. The prosecution opposed bail, citing sections 126(2), 115(2), 117(2), 125, 109, 352 and 3(5) of the Bhartiya Nyaya Sanhita. The court examined the nature of the injuries, the lack of repeated or serious harm, and the clean antecedent of the mother, concluding that there was no prima facie evidence of intent to cause death. Relying on the Supreme Court’s reasoning in State of Himachal Pradesh v. Samsher Singh, the court granted bail to both petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) BNS.
Issues considered
- Whether the nature of the injuries and facts alleged constitute a prima facie case of intent to cause death justifying denial of bail.
- Whether the petitioners are entitled to bail under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nyaya Sanhita.
- Whether the general and omnibus allegations in the FIR are sufficient to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita (B.N.S.) — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 125, 126(2), 3(5), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- assault
- land dispute
- simple injury
- intent to cause death
- Section 438 CrPC
- Section 482 BNS
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36550 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- GOGRI District- Khagaria
======================================================
1. Amresh Kumar, S/o Late Rajendra Singh
2. Mina Devi @ Janki Devi, Wife of Late Rajendra Singh
Both are resident of Village - Barichak, Ward No. 18, P.S.- Gogri, District -
Khagaria.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate
Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR
and apprehending their arrest in connection with Gogri P.S.
Case No.89 of 2025 registered under Sections 126(2),
115(2), 117(2), 125, 109 and 352 read with 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).
3. Allegation against petitioners is to assault the
informant and others along with other co-accused persons
causing head and bodily injuries, where alleged assault was
made by pelting stones, where occurrence took place due to
land dispute between the parties.
Patna High Court CR. MISC. No.36550 of 2026(2) dt.15-06-2026
2/3
4. It is submitted by learned counsel appearing for
the petitioners that the allegation as per FIR is in two parts;
where in first part, a general and omnibus allegation is
available against the petitioners, where in second part, the
specific allegation is available, which speaks that petitioner
no. 1, namely, Amresh Kumar caused one head injury to the
informant, which upon medical examination found simple in
nature. It is submitted that only third injury, which is
regarding fracture of four teeth of upper right side jaw is
concerned, same is not available against these petitioners.
5. Arguing further, it is submitted that the intention
to cause death cannot be gathered simply by nature of injury,
rather it is to be gathered by several other factors like, nature
of weapons, manner of assault, pre and post conduct of the
accused etc. In support of his submission, learned counsel
has relied upon legal report of Hon’ble Supreme court as
available through State of Himachal Pradesh vs. Samsher
Singh [2025 SCC OnLine SC 807]. Both petitioners
claimed clean antecedent, where petitioner no.2 is a lady and
the mother of petitioner no.1, facing general and omnibus
allegation.
Patna High Court CR. MISC. No.36550 of 2026(2) dt.15-06-2026
3/3
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submissions and by
taking note of nature of accusation as available against
petitioner no.1, where injuries as alleged to be caused
specifically by him upon medical examination found simple in
nature and same also not appears repeated prima facie
negating the intention to cause death, where prima facie
allegation as available against petitioner no.2, who is none
but the mother of petitioner no.1 and is a lady of clean
antecedent, accordingly, both above-named petitioners, in
the event of their arrest or surrender in the court below
within a period of four weeks, are directed to be released on
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to
the satisfaction of the learned A.C.J.M.-1st, Gogri, Khagaria
in connection with Gogri P.S. Case No.89 of 2025, subject to
the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the B.N.S.S.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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