Patna High Court
Amant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Given the nature of the accusation, the existence of a case‑and‑counter‑case, and the petitioners' clean antecedent, the court allowed anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, three engineering students, sought anticipatory bail after being implicated in an assault case under Sections 126(2), 115(2), 109(3), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that they, along with other accused, attacked the son of an informant with rods and lathis, causing injuries. The petitioners contended that the incident was a petty dispute that escalated into a free fight, with no specific overt act attributed to them, and highlighted their clean antecedent. The State opposed the bail application. Considering the nature of the accusation, the existence of a case‑and‑counter‑case, and the petitioners' clean record, the court granted anticipatory bail, directing them to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged assault under the Bharatiya Nyaya Sanhita.
- Whether the allegations constitute a specific overt act sufficient to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(3), 115(2), 118(1), 126(2), 3(5)
Subjects
- anticipatory bail
- assault
- clean antecedent
- case and counter case
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8552 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- INDUSTRIAL District- Bhagalpur
======================================================
1. Amant Kumar S/o Sanjay Kumar Resident of Village- Champapur, P.S.
Bakhtiyar, District - Patna, Student of Bhagalpur College and Engineering
Bhagalpur
2. Kumar Aditya S/o Niranjan Yadav R/o Mohalla - Near Pandit Tarani Jha
Inter Mahila College, Banka, P.S.- Banka, Distt.- Banka Student of
Bhagalpur College and Engineering Bhagalpur
3. Abhishek Anand S/o Vijay Kumar Yadav R/o vill - Jharba, ward no. 10,
Barhara, P.s.- Nauhatta, Distt.- Saharsa, Student of Bhagalpur College and
Engineering Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Premchandra Yadav, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109(3),
118(1), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, these petitioners along
with other F.I.R. named accused persons assaulted the son of
informant by means of rods, fighter, lathi as a result of which he
sustained injuries.
4. Learned counsel for the petitioners submits that due
Patna High Court CR. MISC. No.8552 of 2026(2) dt.23-02-2026
2/2
to petty dispute, a free fight took place between the parties in
which both sides inflicted injuries on each other. Case and
counter case. Allegation of assault is general and omnibus and
there is no allegation of any specific overt act against these
petitioners. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, case and
counter case and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioners in
the event of their 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) each with
two sureties of the like amount each to the satisfaction of
Additional Chief Judicial Magistrate I, Bhagalpur in connection
with Industrial Area P. S. Case No. 135 of 2025, 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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