Patna High Court
Kamrul Jama @ Kamrull JamaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Kamrul Jama, sought anticipatory bail after being implicated in a case involving multiple offences under the Indian Penal Code, arising from a land dispute. The informant alleged that the petitioner assaulted him with a rod, causing a fractured leg, and that his presence encouraged others to commit further assaults, including a knife attack on a woman named Rani. The petitioner argued he has a clean record, the alleged injury was not to a vital part of the body, and he was not directly involved in the knife assault. The State opposed bail, contending the leg injury was grievous and the petitioner’s presence facilitated the other assaults. The court examined these submissions and concluded that the seriousness of the allegations and the petitioner’s alleged role did not merit the privilege of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in light of the alleged assault causing grievous injury and his alleged role in encouraging other assaults
- Whether the nature of the injury (fracture of the leg) qualifies as grievous hurt under the IPC
Legislation cited
- Indian Penal Code — s. 109, 115(2), 117(2), 126(2), 127(2), 190, 191(2), 303(2), 352
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- grievous hurt
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4747 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Kamrul Jama @ Kamrull Jama Son of Late Md. Anul Haqe R/o Village -
Rajkhand, P.S. - Aurai, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-03-2026 1. Heard learned counsel for the petitioner and Mr.
Chandra Bhushan Prasad, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
190, 126(2), 127(2), 115(2), 117(2), 109, 303(2) and 352 of the
BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he saw his agnates filling soil on the disputed land
and on objection petitioner assualted him by rod causing
fracture of his right leg and when Rani came to save the
informant accused Rehan and Rizwan assualted her by knife
causing injury on eye and Rubina snatched her gold chain while
accused also assaulted Md. Zaheer and Akbar who came to save
him by lathi and danda.
Patna High Court CR. MISC. No.4747 of 2026(2) dt.23-03-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant on account of dispute relating to land. It is further
submitted that though there is allegation of assaulting the
informant by rod but then the assault is not on vital part of the
body rather is on leg. It is next submitted that informant alleges
that Rehan and Rizwan assaulted Rani by knife causing injury
near the ear but then petitioner is not alleged to have assaulted
Rani by knife.
5. Mr. Chandra Bhushan Prasad, learned A.P.P. for the
State opposes the prayer for anticipatory bail of the petitioner
and submits that from perusal of the order impugned, it would
manifest that the injury suffered by the informant on leg has
been opined to be grievous as on account of assault fracture was
caused. It is further submitted that though petitioner is not
alleged to have assaulted Rani by knife but then his presence at
the place of occurrence emboldened Rehan and Rizwan to
commit the occurrence of assault by knife.
6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner in connection with
Aurai P.S. Case No. 135 of 2025 pending in the Court of learned
Patna High Court CR. MISC. No.4747 of 2026(2) dt.23-03-2026
3/3
Judicial Magistrate, 1st Class, Muzaffarpur East/Successor
Court.
7. Hence, the prayer for anticipatory bail is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…