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Patna High Court

Amant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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