Patna High Court
Amarnath Kumar @ Amar Tanti @ Amarnath TantiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Amarnath Kumar, applied for anticipatory bail fearing arrest in a case (PS No.11/2024) involving alleged offences under Sections 341, 323, 307, 354, 379, 504 and 506/34 of the IPC. The prosecution alleged that the petitioner, along with others, entered an informant's house armed with lathis and iron rods and assaulted the informant and her relatives. The petitioner contended that he was merely a member of the mob, no specific overt act was attributed to him, and he has no criminal antecedent. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code despite the serious nature of the alleged offences.
- Whether the allegations against the petitioner constitute sufficient ground to deny bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 438
- Section 482
- Indian Penal Code
- mob assault
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5003 of 2026
Arising Out of PS. Case No.-11 Year-2024 Thana- BELHAR District- Banka
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Amarnath Kumar @ Amar Tanti @ Amarnath Tanti Son of Ganesh Tanti R/o
Village - Kadwara, Post Office - Dadha, Police Station - Belhar, District –
Banka. .. ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Belhar P.S. Case no. 11 of 2024 instituted for
the offence under Sections 341, 323, 307, 354, 379, 504 and
506/34 of the Indian Penal Code.
3. The case of the prosecution is that the petitioner
along with others being armed with ‘lathi, ‘khanti’ and ‘iron
rod’ entered into the house of the informant and caught hold of
her hand. It is further alleged that she was abused and assaulted.
The specific allegation is against Ganesh Tanti who knocked
down the mother-in-law of the informant. When she raised
alarm, her husband and father-in-law arrived. It is further
alleged that accused persons assaulted them with ‘iron rod’.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.5003 of 2026(2) dt.09-02-2026
2/2
that petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
from perusal of the FIR, it is clear that the petitioner is only a
member of the MOB and no overt act has been alleged against
him. There is general and omnibus allegation against him. It is
further submitted that the petitioner has no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Belhar P.S. Case no. 11 of 2024, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Banka, subject
to the conditions as laid down under section 438(2) of the
Cr.P.C/ Section 482 (2) of the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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