Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court ordered that the petitioner be released on bail subject to a bond and conditions.
Summary
Amit Kumar was arrested for multiple offences under the Bharatiya Nyaya Sanhita, 2023, including assault and causing grievous hurt after allegedly attacking an informant with a hammer and fracturing her husband’s leg. The FIR was lodged eight days after the incident, and the petitioner claimed the dispute arose from a prior abduction of his sister, which had been settled through a Panchayat. He argued he had no intention to cause death, the pistol he carried was not used, and he had no prior criminal record, having been in custody since 22 September 2025. The State opposed bail on the ground of the serious injuries inflicted. The High Court, noting the delay in filing the FIR, the petitioner’s clean antecedent, and the submission of the charge‑sheet, granted bail subject to a bond of Rs 10,000 with two sureties and conditions of personal appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
- Whether the delay in lodging the FIR and the petitioner’s clean antecedent justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 324, 329, 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- grievous hurt
- delay in FIR
- Panchayat settlement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87610 of 2025
Arising Out of PS. Case No.-210 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Amit Kumar Son of Jawahar Sharma R/o Village - Bhadas Uttari, Ward no. 4,
P.S. - Gangaur, Dist. - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate
For the Opposite Party/s : Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 126(2), 115(2), 109(1),
303(2), 352, 351(2), 324, 329 and 3 (5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner in
association with other co-accused variously armed is said to
have assaulted the informant with hammer causing injury on her
forehead. When the husband of the informant rushed in her
rescue, he was also assaulted due to which his left leg got
fractured.
4. It is submitted by learned counsel for the
petitioner that the present F.I.R. has been lodged after delay of
Patna High Court CR. MISC. No.87610 of 2025(3) dt.10-02-2026
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eight days for which no plausible explanation has been tendered.
It is further submitted that an altercation had taken place
between the parties only on account of prior dispute as the
informant’s side had abducted the sister of the petitioner and
after sometime his sister came back and thereafter a Panchayati
was held and the matter was pacified. It is further submitted that
co-accused, Jawahar Sharma has already been granted bail vide
order dated 10.11.2025 passed in Cr. Misc. No.71984 of 2025
(Annexure-P/2). Further, there no intention to cause death can
be imputed on the petitioner on account of the fact that he was
armed with pistol, according to the prosecution itself which was
never used. The petitioner has no criminal antecedent and has
been languishing in custody since 22.09.2025.
5. Learned APP for the State opposed the bail
petition on the ground of grievous injury suffered by the
injured.
6. Taking into consideration the facts and
circumstances of the case and also considering the delay in
lodging the F.I.R. coupled with the fact that petitioner is in
custody since 22.09.2025 with clean antecedent and chargesheet
has already been submitted, the above named petitioner is
directed to be enlarged on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.87610 of 2025(3) dt.10-02-2026
3/3
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Khagaria P.S. Case No.210 of 2025, subject to the conditions
that :
(i) One of the bailors will be his close relative/family
members.
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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