Amrikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50419 of 2026 Arising Out of PS. Case No.-38 Year-2026 Thana- Kaler District- Arwal ====================================================== Amrikesh Kumar Son of Ram Chandra Mistry @ Ram Chandra Sharma Resident of Village- Hansedeh, P.S.- Kalar, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kaler P.S. Case No. 38 of 2026 instituted for the offence under Sections 126(2), 115(2), 117(2), 110, 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in a nutshell, is that the petitioner, along with other named and unknown accused persons, wrongfully restrained the informant's brother while he was returning from his shop and assaulted him with fists, kicks, and sticks. It is alleged that the assault caused a fracture to the victim's left arm and head injuries, following which he was taken to the hospital for medical treatment.

Patna High Court CR. MISC. No.50419 of 2026(2) dt.22-07-2026 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.05.2026. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR, it would reveal that there is no specific allegation against the petitioner, rather the same is against other co-accused person. Learned counsel for the petitioner submits that there is general and omnibus allegation levelled against the petitioner. It is next submitted that parties are agnates and there is subsisting land dispute between them. So far as injury of the injured is concerned, the same is found to be grievous in nature.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.50419 of 2026(2) dt.22-07-2026 3/3 below/concerned Court in connection with Kaler P.S. Case No. 38 of 2026.

(Rudra Prakash Mishra, J) Raj Kishore/- U T