Patna High Court
Abhishek Kamati @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused to grant bail to the petitioner.
Summary
The petitioner, Abhishek Kamati, was arrested on 14 October 2025 in connection with a case alleging that he assaulted the father of an informant with an iron rod, causing fatal head injuries. He faces charges under several sections of the Bihar Penal Code, including offences of assault, homicide, and causing grievous hurt. The petitioner contended he has a clean record and that the FIR is false, seeking bail. The State, represented by the informant's counsel, presented medical evidence showing multiple injuries consistent with a heavy blunt object, supporting the allegation of assault. The court examined the seriousness of the charges and the corroborating medical evidence, and concluded that bail could not be granted. Consequently, the petition for bail was denied.
Issues considered
- Whether the petitioner is entitled to bail despite serious charges of assault leading to death
- Whether the allegations in the FIR are substantiated by medical evidence
Subjects
- bail
- assault
- homicide
- medical evidence
- criminal procedure
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5852 of 2026
Arising Out of PS. Case No.-231 Year-2025 Thana- KHANPURA District- Samastipur
======================================================
Abhishek Kamati @ Abhishek Kumar Son of Tuntun Kamati @ Tuntun Ray
Resident of Village- Rajwara, P.S.- Khanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha.1, APP
For the Informant : Mr.Suraj Kumar Chaudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 09-04-2026 Heard Mr.Sheo Kumar Prasad,learned counsel for the
petitioner, Mr.Suraj Kumar Chaudhary, learned counsel for the
informant and Ms.Pushpa Sinha.1, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
14.10.2025 in connection with Khanpur P.S. Case No. 231 of
2025, F.I.R. dated 04.10.2025 registered for the offence
punishable under Sections 126(2), 115(2), 109(1), 303(2), 352,
351(2), 3(5) of BNS but further added Section 103(1) of BNS.
3. Allegation against the petitioner is that he assaulted
to the father of the informant with an iron rod due to which his
father’s head got badly injured and blood started oozing out
from his head and he died during his treatment.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.5852 of 2026(3) dt.09-04-2026
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submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR.
5. Learned counsel for the informant and learned APP
for the State, on the other hand, have vehemently opposed the
prayer for bail of the petitioner and submits that from a bare
perusal of the FIR it appears that there is direct and specific
allegation of assault attributed against the petitioner that he has
assaulted to the father of the informant, namely, Kamal Das and
he has died during course of treatment. Learned counsel for the
informant further submits that “from a bare perusal of the case
diary and postmortem report, it transpires that death was due to
neurogenic and hemorrhagic shock as a result of injuries
caused by heavy, hard and blunt object. The external injuries
are:-
(1) Multiple stich present on right occipital region of
skull of size 2”x1”1/2”.
(ii) Multiple stich of size 5”x2”x1” present on right
side abdomen.
(iii) Multiple abrasion on both lower leg.
(iv) Abrasion 5”x4” present on both thigh.”
6. In view of the aforesaid, there is specific allegation
Patna High Court CR. MISC. No.5852 of 2026(3) dt.09-04-2026
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against the petitioner which is supported by the medical
evidence.
7. Considering the aforesaid facts and there is direct
and specific allegation of assault attributed against the
petitioner, I am not inclined to enlarge the petitioner on bail in
connection with Khanpur P.S. Case No. 231 of 2025 pending in
the court of learned Judicial Magistrate-1st Class, Samastipur.
8. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
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