Patna High Court
Prakash Kamti @ Prakesh KamtiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court rejected the petition for anticipatory bail, holding that the nature of the accusations does not merit such relief.
Summary
The petitioners, Prakash Kamti and Bikash Kamti, were implicated in a FIR (Case No. 318/2025) for allegedly assaulting an informant and setting his shop on fire, causing damage to goods worth Rs. two lakh and injuries to the informant and his brother‑in‑law. The FIR charged them under Sections 126(2), 115(2), 117(2), 109(1), 326(g) and 3(5) of the Bihar Narcotic Substances Act, 2023. Fearing arrest, the petitioners filed an application for anticipatory bail before the Patna High Court. Learned counsel for the petitioners and the State presented their arguments on 23‑02‑2026. The Court examined the seriousness of the alleged offences, the involvement of the petitioners in arson and assault, and the potential threat to public order. Consequently, Justice Prabhat Kumar Singh rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of arson, assault and related offences under the B.N.S., 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 117(2), 126(2), 326(g), 3(5)
Subjects
- anticipatory bail
- arson
- assault
- Bihar Narcotic Substances Act
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8459 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
1. Prakash Kamti @ Prakesh Kamti S/o- Birbal Kamti @ Viraval Kamti
Resident of village- Belha P.S- Kusheshwar Asthan District- Darbhanga
2. Bikash Kamti @ Vinod Kamti @ Vikash @ Bikash S/o- Bipin Kamti
Resident of village- Belha P.S- Kusheshwar Asthan District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha
For the Opposite Party/s : Mr.Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in Kusheshwar
Asthan P.S. Case No. 318/2025, registered for offence
punishable under Sections 126(2), 115(2), 117(2), 109(1),
326(g) and 3(5) of the B.N.S., 2023.
3. As per F.I.R., these two petitioners along with an
unknown person came to the shop of informant and abused him
and thereafter, set the shop of informant on fire, on account of
which, goods worth Rs. Two lakhs were destroyed. The
informant and his brother-in-law also got burnt in the said
occurrence, for which, they were treated in DMCH, Darbhanga.
Patna High Court CR. MISC. No.8459 of 2026(2) dt.23-02-2026
2/2
4. Considering the nature of accusation, the prayer
for anticipatory bail of petitioners is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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