Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner, subject to conditions, under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Amarjeet Kumar sought anticipatory bail fearing arrest in a case (PS No.64 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault, extortion and robbery. The prosecution alleged that Kumar, with armed accomplices, entered an informant's house, assaulted the informant's father, demanded ransom and seized a mobile phone and gold ornaments. Kumar contended he was falsely implicated, the injury was minor, there was no intent to cause serious harm, the incident was instigated by the informant, and he had a clean antecedent. The court examined the allegations and the petitioner's submissions, and, applying Section 438(2) of the CrPC read with Section 482(2) of the B.N.S.S., granted anticipatory bail subject to strict conditions including surety, personal appearance, and verification of antecedents. The order emphasized that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the allegations against the petitioner constitute a serious offence warranting denial of bail.
- Whether the petitioner is likely to flee, tamper with evidence, or commit further offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 308(5), 3(5), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- false implication
- bail conditions
- section 438
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90238 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Amarjeet Kumar, S/O Pankaj Kapri @ Pankaj Kumar Kapri, R/O village -
Shivhar @ Shivnagar@ Shivnagar, ward no.-5, P.S. - Runnisaidpur, Dist.-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Runnisaidpur P.S. Case No. 64 of 2025 registered for the
offences under Sections 126(2), 115(2), 109(1), 308(5), 303(2),
352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is to the effect that the named
accused persons, including the petitioner and two to three
unknown persons armed with pistol entered the house of the
informant and it is alleged that the petitioner had assaulted the
father of the informant. It is further alleged that the petitioner
Patna High Court CR. MISC. No.90238 of 2025(3) dt.20-02-2026
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demanded ransom and even took away the mobile phone and
gold ornament.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case. It has further
been submitted that even if the allegations are taken at face
value, the injury sustained, as it appeared from the injury report,
was approximately 1/2'' x 1/2'' skin deep. It has next been
submitted that there were no repeated blows and therefore, there
was no intention on behalf of the petitioner to cause damage and
the altercation had taken place at the instigation of the
informant. It has also been submitted that apart from the said,
there is no specific allegation against the petitioner, rather, the
other allegations are general and omnibus. It has lastly been
submitted that for the same incident there is a case and counter
case for the said occurrence and the petitioner had clean
antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
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within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(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
Runnisaidpur P.S. Case No. 64 of 2025, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned 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
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
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allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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