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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted to the petitioner considering his age, the nature of the alleged offence and the circumstances, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Amit Kumar, was arrested in a case registered under several sections of the Bharatiya Nyaya Sanhita for allegedly assaulting his uncle during a land dispute. He claimed innocence, stating the injury was minor and that the dispute was a family matter. The State opposed his bail application. The court considered the petitioner’s young age, the nature of the alleged offence, and the circumstances of the incident. It ordered that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail is to be surrendered within six weeks if the petitioner is arrested or surrenders before the lower court.

Issues considered

  • Whether bail should be granted to the petitioner under the circumstances of the case
  • Application of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in granting bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • land dispute
  • assault
  • age of accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7555 of 2026
                  Arising Out of PS. Case No.-261 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Amit Kumar S/O Awadhesh Singh Resident of Village- Sarhari , PS-
                 Bhagwanpur Hat, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :      Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   01-04-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 126(2), 115(2), 118(1), 109, 352,

                   351(2) and 3(5) of the Bharatiya Nyaya Sanhita.

                                   3. As per the F.I.R., when informant demanded his

                   share in the land, all the accused persons including the petitioner

                   assaulted him. It is alleged that petitioner assaulted on head of

                   the informant with a sharp-edged daab.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. Further submission is that

                   the informant is own uncle of the petitioner and due to land

                   dispute between the parties, altercation took place. The injury to
            Patna High Court CR. MISC. No.7555 of 2026(3) dt.01-04-2026
                                                        2/2




                      the injured is simple in nature. Petitioner is a young boy aged

                      about 20 years. He undertakes to cooperate in the investigation

                      and trial.

                                    5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                    6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties, nature

                      of allegation against the petitioner and his age, let the above

                      named petitioner be released on bail, in the event of arrest or

                      surrender before the learned court below within a period of six

                      weeks from today, on furnishing bail bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each     to     the    satisfaction       of    learned    Chief   Judicial

                      Magistrate/Court         concerned,       Siwan     in    connection   with

                      Bhagwan Hat P.S. Case No. 261 of 2025, subject to the

                      conditions as laid down under Section 482(2) of the Bharatiya

                      Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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