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Patna High Court

Abhishek Kamati @ Abhishek KumarversusThe State of Bihar

Decided
Disposal
REJECTED

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
                                                           3/3




                         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/-

U          T


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