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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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,
Patna High Court CR. MISC. No.86763 of 2025(2) dt.08-01-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.86763 of 2025(2) dt.08-01-2026
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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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