Amit Kumar @ Dharam Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19392 of 2025 Arising Out of PS. Case No.-82 Year-2024 Thana- MANJHAUL District- Begusarai ====================================================== Amit Kumar @ Dharam Singh Son of Ram Uday Singh Resident of villageManjhol, Ward No. 09, P.S -Manjhol, District -Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvottam Kumar, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present Criminal Miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who is apprehending his arrest in connection with Manjhaul P.S. Case No. 82 of 2024, lodged on 16.10.2024, under Sections 127(1), 109, 329(3), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023"), pending before the Court of A.C.J.M., Manjhaul.
3. As per the prosecution, FIR has been lodged against three named accused persons, including the present
Patna High Court CR. MISC. No.19392 of 2025(2) dt.16-04-2025 2/3 petitioner, against whom there is an allegation that all the accused, in connivance with each other, brutally assaulted the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that it is a dispute among the family members and for that a false case has been lodged against the petitioner. It is also submitted that the petitioner does not have a clean antecedent, as one criminal case is pending against him. However, the petitioner is willing to comply with any condition that may be imposed by this Hon'ble Court.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that while it is true that there is an ongoing family dispute, but there is a specific allegation against the petitioner that he attacked the informant on the head with a khanti, with an intent to kill. Counsel also submits that criminal antecedent of the petitioner is also not clean.
6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.
7. It is directed to the petitioner to surrender before the Trial Court within a period of 4 weeks from today. In case,
Patna High Court CR. MISC. No.19392 of 2025(2) dt.16-04-2025 3/3 the petitioner surrenders within four weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.) Aman Kumar/- U T