Patna High Court
AMIT KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Amit Kumar was named in an FIR for a violent assault that resulted in the death of an informant's son, with charges under multiple sections of the Indian Penal Code and the Arms Act. He contended that the FIR only described him as a member of the mob without alleging any specific overt act, unlike co‑accused who had already been granted anticipatory bail. The State opposed his bail application, citing the seriousness of the offences. The Court, noting the lack of specific allegations against the petitioner and his clean antecedent, granted anticipatory bail subject to a bond and sureties, and conditioned it on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed that if arrested within eight weeks, the petitioner be released on bail.
Issues considered
- Whether anticipatory bail can be granted to a person alleged only to be a member of a mob without specific overt act allegations.
- Whether the seriousness of the offences and the petitioner's clean antecedent justify granting anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 37
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 326, 341, 379, 504, 506
Subjects
- anticipatory bail
- mob participation
- Indian Penal Code
- Arms Act
- clean antecedent
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7144 of 2026
Arising Out of PS. Case No.-241 Year-2021 Thana- KISHANPUR District- Supaul
======================================================
AMIT KUMAR S/O RADHESHYAM YADAV R/o vill - Bagewa, P.S.-
Kishanpur, Distt.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, 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 a case registered for
the offences punishable under Sections 147, 148, 149, 341, 323,
324, 326, 307, 379, 504, 506, 302 of the Indian Penal Code and
Section 25(1-B)a, 26, 27, 37 of Arms Act.
3. As per F.I.R., all the named accused persons,
including this petitioner, and 8-10 unknown miscreants
assaulted informant and his son by means of farsa and butt of
pistol due to which they sustained severe injuries and son of the
informant died.
4. Learned counsel for the petitioner submits that as
per F.I.R., specific accusation of overt act is against co-accused
Umesh Yadav, Ramnath Yadav and Prabha Devi. Petitioner is
only alleged to be member of the mob. Allegation against
Patna High Court CR. MISC. No.7144 of 2026(2) dt.11-02-2026
2/2
petitioner is general and omnibus and there is no allegation of
any specific overt act against him. Case and counter case.
Similarly situated co-accused persons have already been granted
anticipatory bail by co-ordinate Bench of this Court vide order
dated 09.10.2023 passed in Cr. Misc. No. 9330 of 2023.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Additional District Judge-
VIII, Supaul in connection with Kishanpur P. S. Case No. 241 of
2021, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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