Patna High Court
Omnath Kumar Sah @ Amarnath Sah @ Amarnath Kumar@Amarnath Kumar@Aomnath KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
Bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Omnath Kumar Sah, sought bail in connection with a criminal case (PS No. 361 of 2025) involving multiple offences under the Bharatiya Nagrik Suraksha Sanhita, arising from a land‑measurement dispute. He was alleged to have assaulted an informant, causing what the petitioner claimed were simple injuries, while co‑accused were also implicated. The State opposed bail, emphasizing the seriousness of the assault and the injuries sustained. The Court examined the nature of the injury, the delay in filing the FIR, and the petitioner’s clean antecedent, concluding that these factors favored bail. Accordingly, the Court ordered bail on the condition of a Rs.10,000 bond with two sureties, one of whom must be a close family member, under Section 482(2) of the BNS, 2023.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the simple nature of the alleged injury and the delay in lodging the FIR justify granting bail.
- Whether the petitioner’s fair antecedent warrants bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
Subjects
- bail
- land dispute
- assault
- injury
- antecedent
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91411 of 2025
Arising Out of PS. Case No.-361 Year-2025 Thana- MADHUBAN District- East Champaran
======================================================
Omnath Kumar Sah @ Amarnath Sah @ Amarnath Kumar@Amarnath
Kumar@Aomnath Kumar S/o Rajesh Sah Resident of Pundar, ward no 12,
P.S- Madhuban, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Rathore Alias Kundan Kumar
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Madhuban P.S. Case No. 361 of 2025, registered for the
offences punishable under Sections 191(2), 190, 126(2), 115(2),
118(1), 117(2), 109, 303(2), 352 of the BNS.
3. On account of a dispute, in course of measurement
of the land, allegedly the petitioner made exhortation to the
other accused persons, besides he assaulted the informant by
means of khanti over the head of the informant due to which he
sustained serious injury. There is further allegation against co-
accused Rahul Kumar, who has further assaulted the informant
by means of farsa. Co-accused Rita Devi allegedly snatched the
golden chain from the informant’s neck and fled away.
Patna High Court CR. MISC. No.91411 of 2025(2) dt.28-01-2026
2/3
4. Learned Advocate for the petitioner submitted that
from bare perusal of the FIR it is evident that the occurrence
took place on account of land dispute. The injuries which are
allegedly sustained to the informant are concerned, the same
have been found to be simple in nature. To support the aforesaid
contention, attention of this Court has been drawn to the
impugned order which categorically discussed the nature of
injury. The petitioner bears fair antecedent and he undertakes
that he will fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
because of the assault being made by the petitioner along with
other co-accused persons, the informant has sustained serious
injury.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the genesis of the occurrence, coupled with the delay in
lodging of the FIR, besides the simple nature of injury and the
fair antecedent of the petitioner, let the petitioner abovenamed
be released on bail, in the event of his arrest or surrender before
the court below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
Patna High Court CR. MISC. No.91411 of 2025(2) dt.28-01-2026
3/3
bonds of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, East Champaran, Motihari in connection with
Madhuban P.S. Case No. 361 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023, with the further condition that one of the bailors
shall be the own/close family members of the petitioner.
(Harish Kumar, J)
Anjani/-
U T
Checking your session…