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Patna High Court

AMIT KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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