Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27074 of 2026 Arising Out of PS. Case No.-415 Year-2025 Thana- GHOSI District- Jehanabad ====================================================== 1.

Amit Kumar S/o- Uday Yadav Vill- Ramganj PS- Ghosi Dist-Jehanabad 2.

Uday Yadav S/o- Chandar Yadav Vill- Ramganj PS- Ghosi Dist-Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad, Adv For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP For the O.P. No. 2 :

Mrs. Ragini Kumari, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-04-2026 Heard the parties.

2. The petitioners are named in the F.I.R. and apprehending their arrest in connection with Ghosi P.S. Case No. 415 of 2025 registered for the offences punishable under Sections 190, 191(2), 126(2), 109, 110, 74, 303(2), 352 and 351(2)(3) of the BNS.

3. As per FIR, in the morning, while informant was in her house along with other family members, the petitioners along with others variously armed rushed there and started abusing. When the protest was made, the petitioners along with others brutally assaulted the informant and her other family members by means of iron rod and farsa due to which they sustained serious injuries. The petitioners also snatched the valuables, besides

Patna High Court CR. MISC. No.27074 of 2026(2) dt.27-04-2026 2/3 there is allegation of outraging the modesty of the female members of the family.

4. Learned counsel appearing on behalf of petitioner submitted that FIR contended that admittedly there is a land dispute between the parties which resulted into a free fight leading to injuries to persons of both the sides. However, the prosecution has failed to explain the injuries, which are allegedly sustained to the persons of the petitioners' side. There is a counter version of the present case being Ghosi P.S. Case No.416 of 2025. It is the specific case of the petitioners that they have also sustained one grievous injury besides simple injuries. It is further contended that though in the said incident, three persons of the informant's side sustained injuries, however, all the injuries have been found to be simple in nature, except one found on distal phalanx of thumb of the informant's son, which is on non-vital part. While concluding arguments, it is submitted that above named petitioners are men of clean antecedents.

5. Learned APP duly assisted by learned counsel for the informant vehemently opposed the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as occurrence was free fight in nature in the background of land dispute and by also considering the overall

Patna High Court CR. MISC. No.27074 of 2026(2) dt.27-04-2026 3/3 nature of injuries as discussed aforesaid, accordingly both abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Jehanabad/concerned Court, where the case is pending in connection with Ghosi P.S. Case No. 415 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T