Patna High Court
Amarjit Kumar Yadav @ Amarjit YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Amarjit Kumar Yadav, sought anticipatory bail after an FIR (Manigachi PS Case No. 66 of 2025) was lodged alleging offences under sections 126(2), 127(2), 115(2), 109(1), 352 and 3(5) of the Indian Penal Code. The prosecution alleged that the petitioner and co‑accused assaulted the informant and his brother, tied them to a pole and placed a revolver in their pockets. The petitioner contended that the incident was a retaliatory attack by the informant’s side and that he had no prior criminal record, while the State argued that an assault case existed against him. The court, noting the petitioner’s clean record and that co‑accused had already obtained bail, decided to extend anticipatory bail with stringent conditions. The order directed the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with attendance, non‑tampering, and conduct conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the FIR alleging multiple IPC offences.
- Whether the petitioner’s lack of prior criminal antecedent warrants the grant of bail.
- Whether the conditions imposed by the court are appropriate to safeguard the trial process.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 126(2), 127(2), 3(5), 352
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- criminal procedure
- Bihar
- bail conditions
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.524 of 2026
Arising Out of PS. Case No.-66 Year-2025 Thana- MANIGACHI District- Darbhanga
======================================================
Amarjit Kumar Yadav @ Amarjit Yadav S/O Harinarayan Yadav Resident of
Village- Gopalpur, P.S.- Manigachhi, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard Mr. Manish Kumar No. 13, learned counsel for
the petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Manigachi P.S. Case No. 66 of 2025 for the
offence under sections 126(2), 127(2), 115(2), 109(1), 352 and
3(5) of the BNS lodged on 10.05.2025 by the informant, Nitish
Kumar Jha.
3. As per the prosecution story, the informant alleged
that while he alongwith his brother was going on a motorcycle,
the accused persons stopped him and thereafter, Kamlesh Yadav
assaulted on his head while Kari Yadav assaulted on the head of
his brother causing injuries. They were tied to a pole and a
revolver was also pushed in their pocket. The Police came and
took them away, after treatment, the FIR.
Patna High Court CR. MISC. No.524 of 2026(2) dt.04-02-2026
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4. Learned counsel for the petitioner submits that
actually both of them came to kill the petitioner’s side, one of
the accused opened fire which did not hit the petitioner’s side.
The villagers caught hold of them, tied them to the pole and
called the Police. An FIR was earlier lodged by the petitioner’s
side, two days later, in retaliation and to save their skin, the
present FIR. The submission is that Kamlesh Yadav and Kari
Yadav have been made accused and while Kamlesh Yadav is out
on bail, Kari Yadav has been granted anticipatory bail in Cr.
Misc. No. 91340 of 2025 by a Coordinate Bench.
5. Learned APP opposes the prayer submitting that
though there is case and counter-case, the case of the petitioner
being earlier, the fact remains that assault theory is there though
he concede that it is on Kamlesh Yadav and Kari Yadav and
omnibus allegation is against this petitioner.
6. Taking into account the submissions of the parties
as also the aforesaid facts, the petitioner has no criminal
antecedent and other co-accused persons have been granted
relief, as stated above, in that background, this Court is inclined
to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
Patna High Court CR. MISC. No.524 of 2026(2) dt.04-02-2026
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receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned ACJM, VI, Darbhanga, in connection
with Manigachi P.S. Case No. 66 of 2025 subject to the
following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for six months to mark his attendance
and after the end of the period, the certificate shall be submitted
before the Trial Court failing which steps shall be taken for the
cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
Patna High Court CR. MISC. No.524 of 2026(2) dt.04-02-2026
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(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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