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Patna High Court

Omnath Kumar Sah @ Amarnath Sah @ Amarnath Kumar@Amarnath Kumar@Aomnath KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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