Patna High Court
Uman KamatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is denied to Gunanand Kamat but granted to Uman Kamat and Shivnandan Kumar subject to bail bond and surety conditions.
Summary
The petitioners—Uman Kamat, Gunanand Kamat and Shivnandan Kumar—filed an anticipatory bail application fearing arrest in a case registered under Sections 126(2), 115(2), 118(1), 303(2), 109 and 3(5) of the BNS, 2023 read with Section 27 of the Arms Act, arising from a land‑dispute assault allegation. They contended that the FIR falsely implicated the family, that only Bajrangi and Gunanand were directly accused of assault, and that the allegations against Uman (a 76‑year‑old senior citizen) and Shivnandan were vague. The State opposed bail, emphasizing the seriousness of the offences and the grievous injury alleged against Gunanand. The Court, after hearing both sides, refused anticipatory bail to petitioner No. 2 (Gunanand Kamat) but granted it to petitioners No. 1 (Uman Kamat) and No. 3 (Shivnandan Kumar) subject to a Rs 10,000 bail bond, two sureties and compliance with Section 482(2) conditions. The application was therefore partially allowed.
Issues considered
- Whether anticipatory bail should be granted to each of the petitioners under the offences alleged in the FIR.
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- false implication
- assault
- land dispute
- Section 482(2)
- Arms Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66938 of 2025
Arising Out of PS. Case No.-37 Year-2025 Thana- KISHANPUR District- Supaul
======================================================
1. Uman Kamat S/o- Late Mantu Kamat Tharbitta, ward no- 8, Kishanpur,
Dist- Supaul
2. Gunanand Kamat S/o- Uman Kamat Tharbitta, ward no- 8, Kishanpur, Dist-
Supaul
3. Shivnandan Kumar @ Shivanand Kumar S/o- Gunanand Kamat Tharbitta,
ward no- 8, Kishanpur, Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjay Kumar Singh
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 303(2), 109 and 3(5) of the BNS, 2023 read with
Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and the informant
alleges that on account of dispute relating to land, Bajrangi
Kamat assaulted him by farsa causing injury while Gunanand
Kamat (petitioner no. 2) assaulted the informant by Kudal
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causing injury on head and Sunita assaulted by bricks on his
chest, thereafter accused persons also assaulted his father while
Shivanandan (petitioner no. 3) fired but missed, thereafter Uman
(petitioner no. 1) and Sukhdev also assaulted him by brick and
stone, further Rubi Devi threw bricks on head while Neelam
assaulted his uncle by brick, thereafter Yashoda assaulted his
brother by brick and threw chilly powder in his eyes.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that specific
allegation of assault is against Bajrangi and Gunanand. It is also
submitted that though Shivnandan is alleged to have fired but no
one was injured as such the said allegation has been alleged
only to give seriousness to the case and as far as petitioner no. 1
(Uman) is concerned, he is a senior citizen aged about 76 years
and came to be implicated with an allegation that he along with
Sukhdev assaulted the informant by brick and stone. It is further
submitted that entire family members came to be implicated on
account of dispute relating to land.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners and submits that from perusal
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of the allegations as alleged in the FIR, it would manifest that
Bajrangi and Gunanand are alleged to have assaulted the
informant, but then Gunanad is alleged to have assaulted the
informant by kudal on head causing injury. It is next submitted
that Bajrangi had approached this Court seeking anticipatory
bail by filing Cr. Misc No. 54559 of 2025 and the same came to
be allowed by an order dated 27-8-2025. It is further submitted
that from perusal of the order dated 27-8-2025 in Cr. Misc NO.
54559 of 2025, it would manifest that the injury suffered on
account of assault by Gunanand on head has been opined to be
grievous in nature, but then fairly submits that allegation against
the petitioner nos. 1 and 3 appears to be general, omnibus and
ornamental in nature.
6. After hearing the learned counsel for the parties,
the Court is not inclined to extend the privilege of anticipatory
bail to the petitioner no. 2 (Gunanand Kamat).
7. Accordingly, the prayer for anticipatory bail of the
petitioner no. 2 is rejected.
8. However the petitioner nos. 1 and 3, in the event of
their arrest or surrender within a period of six weeks from today,
be released on anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
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like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Kishunpur P.S. Case No. 37 of 2025, subject to the conditions as
laid down under Section 482 (2) of the BNSS.
9. Accordingly, the instant anticipatory bail
application is partly allowed.
(Satyavrat Verma, J)
Sumit/-
U T
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