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Patna High Court

Amish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                      2/2




                    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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