Patna High Court

Amit KumarversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond of Rs. 5,000 and two sureties, under Section 482(2) of the BNSS.

Summary

The petitioner, Amit Kumar, applied for anticipatory bail in connection with a criminal case (PS Case No. 35 of 2023) alleging that he and the respondent, Pallavi Singh, are cohabiting with a child. Both parties appeared before the court and affirmed that they are staying together, with the petitioner assuring that the respondent would not lodge further complaints. The petitioner sought release on anticipatory bail, offering a bail bond of Rs. 5,000 with two sureties, invoking Section 482(2) of the BNSS. The court examined the submissions, noted the absence of any claim of torture or assault by the respondent, and considered the petitioner’s assurances. Consequently, the court granted the anticipatory bail application and dispensed with the personal appearance of the parties.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in the present circumstances
Whether the conditions stipulated by the court for bail, including bail bond and sureties, are satisfied
Whether the personal appearance of the parties can be dispensed with in granting anticipatory bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Section 482
BNSS
bail bond
personal appearance dispensed
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53462 of 2025

                    Arising Out of PS. Case No.-35 Year-2023 Thana- BEGUSARAI MUFFASIL District-
                                                         Begusarai
                 ======================================================
                 Amit Kumar S/o Raj Kishor Roy Resident of village- Sikandar, Jinedpur,
                 Ward No. 06, Police Station- Mufassil, District- Begusarai

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Pallavi Singh W/o Amit Kumar, D/o Mahesh Singh R/o vill - Sikandarpur,
                 Jinedpur, Post- Rajaura, P.S.- Mufassil, Distt.- Begusarai, Presently R/o vill -
                 Bhawangama, P.S. - Beerpur, Distt.- Begusarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sarvottam Kumar, Advocate
                                                 Ms. Asmita Bharti, Advocate
                 For the Opposite Party/s :      Ms. Indu Kumari Srivastava, APP
                 For the O.P. No. 2       :      Mr. Chandan Kumar Kashyap, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   27-01-2026                   1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the O.P. No. 2.

                                 2. The petitioner and the O.P. No. 2, in compliance of

                   the order dated 15.10.2025, are present in the Court.

                                 3. The petitioner, at the outset, submits that he is

                   staying with the O.P. No. 2 along with the child and is taking

                   care of both of them. It is also submitted that he will ensure that

                   O.P. No. 2 along with the child stays with him with honour and
Patna High Court CR. MISC. No.53462 of 2025(5) dt.27-01-2026
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          dignity. It is further submitted that he will try his best to ensure

          that O.P. No. 2 does not get a chance to complain against him

          again.

                       4. The O.P. No. 2, who is present in the Court, also

          does not dispute the said submission of the petitioner that she is

          staying along with the child with him, but then has certain

          apprehensions, on which the petitioner submits that such

          apprehensions are normal wear and tear of life. It is also

          submitted by the petitioner that it is not the case of the O.P. No.

          2 that she is being tortured and assaulted. The O.P. No. 2 also

          does not dispute the said submission.

                       5. Considering the submissions made by the petitioner

          and the O.P. No. 2 that they are staying together, the petitioner

          above-named, in the event of his arrest or surrender before the

          learned trial court within a period of six weeks from today, be

          released on anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees Five Thousand) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Muffasil

          P.S. Case No. 35 of 2023 subject to the conditions as laid down

          under Section 482 (2) of BNSS.

                       6. Accordingly,         the    instant   anticipatory   bail
            Patna High Court CR. MISC. No.53462 of 2025(5) dt.27-01-2026
                                                        3/3




                      application is allowed.

                                   7. The personal appearance of the petitioner and the

                      O.P. No. 2 is dispensed with.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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