Patna High Court
Umashankar Singh @ Amrendra Kumar ParmarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Umashankar Singh and Golu Kumar, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for assault with a danda, snatching cash and other offences. The FIR alleges that they, along with a co‑accused, assaulted the informant's father‑in‑law and stole Rs.2,000. The petitioners contended that the dispute was petty, injuries were minor, the allegations against them were vague and they have a clean antecedent. The State opposed the bail. Considering the nature of the injuries, the lack of specific incriminating acts against the petitioners and their clean record, the court granted anticipatory bail subject to a bail bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged offences and the petitioners' clean antecedent justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 332(c), 3(5), 351(2), 352, 74, 75(2), 76
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- assault
- theft
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91518 of 2025
Arising Out of PS. Case No.-549 Year-2024 Thana- HILSA District- Nalanda
======================================================
1. Umashankar Singh @ Amrendra Kumar Parmar Son of Late Chandeshwar
Singh Resident of Village - Rasalpur, Police Station - Hilsa, District -
Nalanda.
2. Golu @ Golu Kumar @ Sumeet Suman Son of Ramashankar Singh @
Amrendra Kumar Parmar Resident of Village - Rasalpur, Police Station -
Hilsa, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 332(c),
75(2), 74, 76, 303(2), 351(2), 352, 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., on the order of petitioner no. 1,
petitioner no. 2 and co-accused Prince Kumar assaulted father-
in-law of the informant with danda and fists and snatched cash
of Rs. 2,000/- from his pocket.
4. Learned counsel for the petitioners submits that due
to petty dispute between the parties, altercation took place
Patna High Court CR. MISC. No.91518 of 2025(2) dt.19-01-2026
2/2
between them. Allegation against petitioner no. 2 is general and
omnibus. Injuries sustained by the injured are simple in nature
and there is no specific accusation of any overt act against these
petitioners. Rest of the allegations are ornamental only to make
the case grave. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate-I, Hilsa (Nalanda) in connection with Hilsa P. S.
Case No. 549 of 2024, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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