Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51334 of 2026 Arising Out of PS. Case No.-50 Year-2026 Thana- Rampur Chauram District- Arwal ====================================================== 1.
Aman Kumar son of Harendra Sharma Resident of Village -Sarauti PS -Rampur Chauram Distt- Arwal 2.
Amit Kumar Son of Harendra Sharma Resident of Village -Sarauti PS -Rampur Chauram Distt- Arwal 3.
Pushpa Dev wife of Harendra Sharma Resident of Village -Sarauti PS -Rampur Chauram Distt- Arwal 4.
Harendra Sharma @ Harendra Singh Son of Mahendra Sharma Resident of Village -Sarauti PS -Rampur Chauram Distt- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paras Nath, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Rampur Chauram P.S. Case No. 50 of 2026, dated 24.04.2026, lodged under Sections 126(2), 115(2), 117(2), 109, 352, 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").
3.As per the prosecution, an FIR has been lodged against the present petitioners alleging that they assaulted and caused injuries to the informant in connection with the partition
Patna High Court CR. MISC. No.51334 of 2026(2) dt.29-07-2026 2/3 and measurement of the land falling to their respective shares. It is alleged that, somehow, the informant managed to save his life.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that, from the FIR, it is clear that the informant and the petitioners are agnates/common ancestors. Counsel further submits that the dispute relating to the partition of the family property resulted in a scuffle in which injuries were sustained by both sides, and a case and counter case have been lodged by both the parties. Counsel also submits that the criminal antecedents of the petitioners are clean.
5. Learned APP for the State opposes the prayer for bail of the petitioners but fairly submits that there is a case and counter case between the parties arising out of the same date and place of occurrence.
6. Considering the facts and circumstances of the present case, particularly that there is a case and counter case between the parties, let the above-named petitioners be released on anticipatory bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) each, as mentioned in Section 2(1)(d) of the BNSS,
Patna High Court CR. MISC. No.51334 of 2026(2) dt.29-07-2026 3/3 2023, to the satisfaction of the Chief Judicial Magistrate, Arwal, in connection with Rampur Chauram P.S. Case No. 50 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Aman Kumar/- U T