Patna High Court
Amar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
Amar Kumar was arrested on 4 May 2025 in connection with FIR dated 3 May 2025 alleging assault with a bamboo stick that resulted in the death of an informant's nephew. The prosecution charged him under Sections 103(1) and 3(5) of the Bihar Naxal Suppression Act, 2023, but the specific allegation of assault was directed at co‑accused Munna Kumar. The petitioner argued that he has a clean antecedent and was falsely implicated, noting that the FIR does not attribute any overt act to him. The learned Additional Public Prosecutor opposed bail, while the petitioner’s counsel highlighted the lack of specific charges against him. The court, considering the absence of a direct allegation, the petitioner’s clean record, and the circumstances, granted bail on a Rs.10,000 bond with two sureties and imposed standard conditions for cooperation and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 103(1) and 3(5) of the B.N.S., 2023 when no specific allegation of assault is made against him.
Subjects
- bail
- criminal procedure
- false implication
- clean antecedent
- assault
- B.N.S. 2023
- Sections 103(1) and 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78414 of 2025
Arising Out of PS. Case No.-171 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Amar Kumar S/o- Manoj Mahto Village- Gangwara, P.S.- Runnisaidpur,
District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Shahid Akhtar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Md. Shahid Akhtar, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
04.05.2025 in connection with Runnisaidpur P.S. Case No. 171
of 2025, S.Tr. No.421/2025, F.I.R. dated 03.05.2025 for the
offences punishable under Sections 103(1) and 3(5) of the
B.N.S., 2023.
3. According to prosecution case, petitioner and co-
accused person are alleged to have assaulted the informant’s
bhanja with bamboo stick. The specific allegation of assault is
attributed against co-accused Munna Kumar and due to assault
he died.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Although, the petitioner is named
Patna High Court CR. MISC. No.78414 of 2025(3) dt.22-01-2026
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in the F.I.R. but from a bare perusal of F.I.R. the specific
allegation of assault is attributed against the co-accused person,
namely, Munna Kumar. He further submits that the police after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 04.05.2025.
5. Learned APP for the State have vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner has clean antecedent, there is
no specific allegation of any assault or overt act attributed
against the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned court of District and Additional
Sessions Judge-IX, Sitamarhi, in connection with Runnisaidpur
P.S. Case No. 171 of 2025, S.Tr. No. 421/2025 with the
following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.78414 of 2025(3) dt.22-01-2026
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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