Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
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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