Patna High Court

Amit KumarversusThe State of Bihar

Decided: 22 January 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court granted anticipatory bail to Amit Kumar subject to the conditions laid down under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

Amit Kumar, a resident of Kasba Mehsi, sought anticipatory bail fearing arrest in a case registered under Sections 119(1), 308(2), 318(4), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. He contended that the FIR was false, arising from a land dispute in which the informant allegedly tried to capture his land by encircling it, and that criminal proceedings were being used to coerce him. The State opposed the bail application. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the BNSS. The order aims to protect the petitioner while the trial proceeds.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in view of the alleged false FIR and land dispute.
Whether the allegations in the FIR constitute a ground to deny bail.
Whether the conditions prescribed under Section 482(2) of the BNSS are satisfied.

Legislation cited

Bharatiya Nyaya Sanhita — s. 119(1), 308(2), 318(4), 3(5), 351(2), 352, 482(2)

Subjects

anticipatory bail
false implication
land dispute
criminal procedure
Bharatiya Nyaya Sanhita
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87816 of 2025
                     Arising Out of PS. Case No.-88 Year-2025 Thana- MEHSI District- East Champaran
                 ======================================================
                 Amit Kumar S/o Late Raushan Mahto @ Roshan Mahto Resident of Village -
                 Kasba Mehsi, P.S.- Mehsi, District - East Champaran.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kumar Singh
                 For the Opposite Party/s :        Mr.Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 119(1),

                   308(2), 318(4), 352, 351(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and in sum and

                   substance the allegation in the FIR is that the accused persons

                   have captured the land of the informant by putting boundary

                   around it.

                             4.    Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant on account of dispute relating to land. It is further
              Patna High Court CR. MISC. No.87816 of 2025(2) dt.22-01-2026
                                                          2/2




                        submitted that informant instead of resorting to a criminal

                        proceeding ought to have moved before an authority competent

                        for seeking relief in the nature of allegation as alleged in the

                        FIR. It is also submitted that since there is a land dispute, as

                        such the instant criminal case has been instituted with a view to

                        coerce petitioner into submission.

                                 5.     Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail of the petitioner.

                                 6.     Considering the submissions made by the learned

                        counsel for the petitioner, the petitioner above-named, in the

                        event of his arrest or surrender before the learned trial court

                        within a period of six weeks from today, be released on

                        anticipatory bail on furnishing bail bonds of Rs. 10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned trial court where the case

                        is pending/successor court in connection with Mehsi P.S. Case

                        No. 88 of 2025, subject to the conditions as laid down under

                        Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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