Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 30653 of 2026 Arising Out of PS. Case No.-44 Year-2026 Thana- RAJPUR District- Rohtas ====================================================== Amit Kumar Son of Anjani Kumar @ Ganesh Singh Resident of VillageBadhuan, P.S.- Akorhi Gola, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Kant For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 12.03.2026 in connection with Rajpur Excise P.S. Case No. 44 of 2026 for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 303(2), 109, 352 and 3(5) of BNS.
3. The case of the prosecution, in brief, is one Binasi Kunwar submitted her written application before S.H.O. Rajpur on 10.03.2026 mentioning therein that on 11.01.2026 Baban Singh blazed fire in Gaushala (cow-shade) of informant for which she informed Police thereafter Baban Singh and his associates assaulted the entire family with danda, rod and Rama and further states that Baban Singh and his son pressed to withdraw earlier case. That the Prosecutrix further alleged that her younger daughter-in-law Gita Devi was assaulted and her gold chain and Jitiya was broken and elder brother of Baban Singh namely Uttam Kumar Singh snatched chain and her elder
Patna High Court CR. MISC. No. 30653 of 2026(2) dt.06-05-2026 2/3 son Raju sustained head injury and 14 stitches were given, head of younger son was torn due to assault of danda, Puja and Muskan who were neighbour of informant also assaulted. That on the basis of written application of the informant Rajpur P.S. Case No.44/2026 registered and a formal F.I.R. was drawn.
4. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and it appears from the FIR that although the petitioner is named in the FIR but there is no specific allegation of assault or overt act against the petitioner rather the allegations are general and omnibus in nature against the petitioner. It is next submitted that it appears from the FIR itself that due to previous dispute the present occurrence has taken place and petitioner is in custody since 12.03.2026.
5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Judicial Magistrate, 1st Class, Bikramganj, Rohtas in connection with Rajpur Excise P.S. Case No. 44 of 2026, subject to the
Patna High Court CR. MISC. No. 30653 of 2026(2) dt.06-05-2026 3/3 following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Gaurav Sinha/- U T