Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
Aman Kumar and Dilkhush (Prince Kumar) sought anticipatory bail after an informant alleged that they, along with others, assaulted his wife, stole a gold chain and cash, and attempted to kill him with an iron rod during a family dispute over electricity connection. The petitioners argued they were innocent, that the allegations were vague and omnibus, and highlighted that similarly situated co‑accused had been granted anticipatory bail in a prior case. The State opposed the bail, contending the seriousness of the offences under the Bhartiya Nyaya Sanhita. The Court examined the general nature of the accusations, the case‑and‑counter‑case scenario, and the principle of parity with earlier bail orders. It consequently granted anticipatory bail, directing that if arrested within eight weeks the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 each with two sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bhartiya Nyaya Sanhita
- Whether the general and omnibus nature of the allegations justifies bail
- Whether parity with earlier anticipatory bail orders to co‑accused mandates granting bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 113(2), 115(2), 126(2), 303(2), 324(4), 324(5), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- general and omnibus accusation
- family dispute
- theft
- assault
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5121 of 2026
Arising Out of PS. Case No.-53 Year-2025 Thana- BARIYARPUR District- Munger
======================================================
1. Aman Kumar Son of Dayanand Yadav Resident of Village -Chiraibad PS
-Bariarpur Dist- Munger
2. Dilkhush @ Prince Kumar son of Dayanand Yadav Resident of Village
-Chiraibad PS -Bariarpur Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Ms. Shalini Raje, Advocate
For the State : Md. Aslam Ansari, APP
For the Informant : Mr. Jyoti Ranjan Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 113(2), 126(2), 115(2),
303(2), 324(4), 324(5), 352, 351(2), 351(3) and 3(5) of the
Bhartiya Nyaya Sanhita.
3. As per prosecution case, informant alleged that all
the F.I.R. named accused persons, including these petitioners,
assaulted his wife, snatched gold chain from her neck and cash
of Rs. 10,000/- from the house over a family dispute with regard
to electricity connection. He further alleged that all the accused
persons, with intention to kill, assaulted him with iron rod,
Patna High Court CR. MISC. No.5121 of 2026(2) dt.11-02-2026
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causing grievous injuries to him.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
close relatives of each other and due to petty dispute with regard
to electricity connection, maar-peet took place, in which, both
sides sustained injuries. There is case and counter case.
Allegation of assault is general and omnibus and no specific
accusation of overt act has been alleged against these
petitioners. It is further submitted that similarly situated co-
accused persons have already been granted the privilege of
anticipatory bail by this Hon’ble Court vide order dated
17.09.2025 passed in Cr. Misc. No. 64889 of 2025.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, case and
counter-case and claim based on parity, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.5121 of 2026(2) dt.11-02-2026
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petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. II, Munger
in connection with Bariarpur P.S. Case No. 53 of 2025, subject
to condition as laid down under Section 482 of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashank/-
U T
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