Patna High Court
Mukhi KamatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to both petitioners subject to a bail bond and sureties.
Summary
Mukhi Kamat and Ranjeet Kamat applied for anticipatory bail in connection with FIR No. 35 of 2025 alleging offences under the Bhartiya Nyay Sanhita, 2023. The prosecution alleged that the petitioners were among fourteen accused who were armed and participated in assaults causing grievous injury. The petitioners contended they were falsely implicated, that the specific assault allegations targeted other individuals, and that they have no criminal antecedent and will cooperate with investigation. The State opposed the bail, citing the FIR’s direct allegations against the petitioners. The Court, after considering the FIR and the petitioners’ lack of prior record, held that the specific assault allegations did not pertain to them and granted anticipatory bail subject to a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite their inclusion in the FIR for offences under the Bhartiya Nyay Sanhita, 2023
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- false implication
- assault
- criminal antecedent
- Bhartiya Nyay Sanhita
- FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3783 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- KHIRHAR District- Madhubani
======================================================
1. Mukhi Kamat S/O Shibu Kamat R/O Village- Hisar, P.S- Khirhar, Distt.-
Madhubani.
2. Ranjeet Kamat S/O Mukhi Kamat R/O Village- Hisar, P.S- Khirhar, Distt.-
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Ghosarvey, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
For the informant : Mr. Gagan Deo Yadav, Advocate
Mr. U.K. Yadav, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioners in this application pray for grant
of anticipatory bail apprehending their arrest in connection with
Khirhar P.S. Case no. 35 of 2025 registered for the offence
punishable under sections 126(2), 115(2), 76, 109, 303(2), 352,
351(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023
3. As per the prosecution case, the informant states
that the fourteen named accused persons including the two
petitioners herein came variously armed. It is further stated that
on the orders of Bhogi Kamat, Bhogi Kamat assaulted the wife
of the informant with a sharp cutting Khanti on her head causing
grievous injury. Further Ranjeet Kamat outraged her modesty
Patna High Court CR. MISC. No.3783 of 2026(2) dt.28-01-2026
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and thereafter Sukhi Kamat is said to have assaulted with an
iron rod.
4. Learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the case. The
allegation of assault with the Khanti or an iron rod is not on the
petitioners herein. In fact, there is no allegation of assault so far
as the petitioner no.1 Mukhi Kamat is concerned. The
petitioners have no criminal antecedent and undertake to
cooperate in the investigation.
5. The application for bail is opposed by learned
APP for the State and learned counsel for the informant.
Learned counsel for the informant submits that the petitioners
are named in the FIR and there is direct allegation against them
of having actively participated in the assault wherein grievous
injury was sustained by the informant and the members of his
family.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the FIR, the allegation of assault being specific on Bhogi
Kamat and Sukhi Kamat and not the petitioners herein together
with the petitioners not having any criminal antecedent, it is
directed that both the petitioners above named, in the event of
Patna High Court CR. MISC. No.3783 of 2026(2) dt.28-01-2026
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their arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Khirhar P.S. Case no.35 of 2025 on each of
them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sub Divisional Judicial Magistrate,
Madhubani.
(Partha Sarthy, J)
Bibhash/-
U
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