Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to anticipatory bail as the FIR does not specifically allege his participation, he has a clean antecedent, and similarly situated co‑accused have been granted bail.
Summary
The petitioner, Amit Kumar, was named in FIR No. 303 of 2025 for alleged assault using weapons, resulting in injuries to the complainant's brother. He applied for anticipatory bail, arguing that the FIR contains only a generic accusation against all accused and that he has a clean criminal record. The Additional Public Prosecutor opposed the bail, contending the seriousness of the offences listed under the Bhartiya Nyay Sanhita. The Court noted that co‑accused persons in the same case had already been granted anticipatory bail by a coordinate bench. Considering the lack of specific allegation against the petitioner, his clean antecedent, and the precedent of bail to similarly situated accused, the Court granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita. The order directed the lower court to release the petitioner upon arrest or surrender within thirty days, subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
- Whether the FIR specifically implicates the petitioner in the alleged assault.
- Whether the clean antecedent of the petitioner and the grant of anticipatory bail to co‑accused justify granting bail to the petitioner.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- criminal procedure
- assault
- FIR
- clean antecedent
- bail conditions
- Section 438
- Section 482
- Bhartiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86763 of 2025
Arising Out of PS. Case No.-303 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Amit Kumar Son of Rana Ramjanam Singh @ Rana Singh R/o Village -
Pareya, P.S.- Sirdala, District – Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deovind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Learned counsel for the petitioner is permitted to
make necessary corrections in paragraph-1 of the bail
application.
2. Heard Mr. Deovind Kumar Singh, learned counsel
for the petitioner and Mr. Rajendra Prasad Nat, learned
Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in
connection with Sirdala P.S. Case No. 303 of 2025, F.I.R. dated
03.08.2025 for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 109, 118(1), 117(2), 303(2), 352, 351(2) of
the Bhartiya Nyay Sanhita, 2023.
4. As per the First Information Report, the informant
alleged that on 03.08.2025 at about 9 A.M, his brother was
Patna High Court CR. MISC. No.86763 of 2025(2) dt.08-01-2026
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going to Londh Bazar then all of sudden, the petitioner along
with other co-accused persons came and assaulted his brother by
means of iron rod, khanti, hockey stick and pistol due to which
his brother sustained injuries and later on taken to Sirdala
hospital for treatment.
5. 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
in the FIR but from bare perusal of the FIR it appears that there
is no specific allegation of assault or overt act against him rather
there is general and omnibus against all the accused persons
including the petitioner and similarly situated co-accused
persons, namely, Vijay Singh & others have been granted the
privilege of anticipatory bail by the co-ordinate Bench of this
Court vide order dated 18.12.2025 in Cr. Misc. No. 83415 of
2025.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances,
the petitioner has clean antecedent and similarly situated co-
accused persons have been granted the privilege of anticipatory
bail by the co-ordinate Bench of this Court, let the petitioner,
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above named, in the event of arrest or surrender before the court
below within a period of thirty days from the date of receipt of
the order, 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 J.M 1 st Class, Nawada in
connection with Sirdala P.S. Case No. 303 of 2025, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
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
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acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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