Patna High Court
Amish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Amish Kumar, applied for anticipatory bail fearing arrest in a dowry‑related assault case (PS Case No. 183 of 2024) involving multiple offences under the Bihar Negotiable Substances Act (BNS) and the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted the victim to demand dowry. The petitioner contended innocence, claiming the allegations stemmed from an internal dispute. The learned counsel for the informant opposed the bail. Relying on the Supreme Court’s direction in Arnesh Kumar v. State of Bihar, the court allowed the anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482 BNS. The order directs the petitioner to surrender within four weeks and comply with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC.
- Whether the nature of the offences alleged under the BNS and Dowry Prohibition Act justifies denial of anticipatory bail.
- Application of the principles laid down in Arnesh Kumar v. State of Bihar regarding arrest and bail.
Legislation cited
- Bihar Negotiable Substances Act (BNS) — s. 115(2), 126(2), 3(5), 351(2), 351(3), 352, 74, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- Bihar Negotiable Substances Act
- Dowry Prohibition Act
- Section 438 CrPC
- Arnesh Kumar precedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44229 of 2025
Arising Out of PS. Case No.-183 Year-2024 Thana- DANIYAWAN District- Patna
======================================================
Amish Kumar W/o Sri Vijay Kumar Patel R/o Vill- Anai Benipur, P.S.-
Daniyawan, Distt- Patna, at present residing at Vill- Faridpur, P.S.-
Daniyawan, Distt- Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Smt Punam Kumari W/o Sri Amish Kumar, D/o Sri Anil Kumar Paswan R/o
Vill- Faridpur, P.S.- Daniyawan, Distt- Patna, at Present residing at Vill-
Noorsarai, P.S.- Noorsarai, Distt- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivam
For the Opposite Party/s : Mr.Rajiv Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Daniyawan P.S. Case No. 183 of 2024
registered for the offence under Sections 126(2), 115(2), 85, 74,
352, 351(2), 351(3) and 3(5) of the BNS and under Section 3
and 4 of the D.P. Act.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and torturing the victim for
demand of dowry.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.44229 of 2025(5) dt.21-01-2026
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been implicated in this case because of some internal dispute
between them.
5. Learned counsel for the informant has opposed
the application of the petitioner.
6 . Considering the submission of the parties and in
view of the law laid down by the Hon’ble Supreme Court in the
case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8
SCC 273, this application of grant of anticipatory bail is
allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, First Class, Patna City/concerned Court below in
connection with Daniyawan P.S. Case No. 183 of 2024, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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