Patna High Court

Amarjeet Paswan @ Amarjeet KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied because the petitioner is alleged to be one of the assailants in the offence.

Summary

Amarjeet Paswan was named in an FIR for allegedly assaulting the father of an informant, resulting in the victim's death. The FIR listed offences under Sections 126(2), 115(2), 109(1), 103(1), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner applied for anticipatory bail, fearing arrest in the Mushahari police station. The Court examined the petition and noted that the petitioner was directly implicated as one of the assailants. Consequently, the Court refused the anticipatory bail application, holding that the seriousness of the alleged offences precludes such relief.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita given the allegations of assault leading to death.

Legislation cited

Bharatiya Nyaya Sanhita — s. 103(1), 109(1), 115(2), 126(2), 3(5), 351(2), 352

Subjects

anticipatory bail
criminal procedure
assault
homicide
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7001 of 2026
                   Arising Out of PS. Case No.-103 Year-2025 Thana- MUSAHARI District- Muzaffarpur
                 ======================================================
                 Amarjeet Paswan @ Amarjeet Kumar S/O Raj Kishor Paswan R/O Village-
                 Nayagaon, P.S.- Mushari, District- Muzaffarpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Muskan Singh, Advocate
                 For the Opposite Party/s :      Mr. Aditya Narayan Singh.1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                   Heard learned counsel for the petitioner and the State.
                                2. Petitioner apprehends arrest in Mushahari P. S.
                   Case No. 103 of 2025 registered for the offences punishable
                   under Sections 126(2), 115(2), 109(1), 103(1), 351(2), 352, 3(5)
                   of the Bharatiya Nyaya Sanhita.
                                3. Petitioner is named in the F.I.R. with allegation that
                   he along with other named accused persons assaulted the father
                   of informant and upon reaching to the hospital, he was declared
                   dead.
                                4. Considering the fact that petitioner is one of the
                   assailants of the deceased, prayer for anticipatory bail of the
                   petitioner is refused.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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