Amarjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40349 of 2026 Arising Out of PS. Case No.-604 Year-2025 Thana- BAIRIYA District- West Champaran ====================================================== Amarjit Kumar S/o Jhunnu Mahto R/o Vill- Pakhnaha Bajar, Ward no-3, P.SBairiya, Dist- West Champaran . ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sujeet Kumar, Advocate For the State :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 110, 118(1), 303(2), 352, 351(2) and 3(5) of the B.N.S. and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act.
3. As per prosecution case, this petitioner is alleged to have assaulted on the head of son of informant, namely Amit Kumar, with Farsa.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.40349 of 2026(2) dt.30-06-2026 2/3 committed no offence. On account of petty dispute, free fight took place between the parties in which both sides sustained injuries. There is case and counter-case. Doctor has found the injuries, allegedly caused by this petitioner, simple in nature. The present case has been lodged after inordinate delay of five days and there is no plausible explanation for the same which itself makes the entire prosecution case doubtful. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, case and counter-case between the parties, delay in lodging of the F.I.R., nature of injuries allegedly caused by this petitioner and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st, Bettiah, District- West Champaran in connection with Bairiya
Patna High Court CR. MISC. No.40349 of 2026(2) dt.30-06-2026 3/3 P.S. Case No. 604 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T