Uman Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66938 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- KISHANPUR District- Supaul ====================================================== 1.

Uman Kamat S/o- Late Mantu Kamat Tharbitta, ward no- 8, Kishanpur, Dist- Supaul 2.

Gunanand Kamat S/o- Uman Kamat Tharbitta, ward no- 8, Kishanpur, DistSupaul 3.

Shivnandan Kumar @ Shivanand Kumar S/o- Gunanand Kamat Tharbitta, ward no- 8, Kishanpur, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-02-2026 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 303(2), 109 and 3(5) of the BNS, 2023 read with Section 27 of the Arms Act.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on account of dispute relating to land, Bajrangi Kamat assaulted him by farsa causing injury while Gunanand Kamat (petitioner no. 2) assaulted the informant by Kudal

2/4 causing injury on head and Sunita assaulted by bricks on his chest, thereafter accused persons also assaulted his father while Shivanandan (petitioner no. 3) fired but missed, thereafter Uman (petitioner no. 1) and Sukhdev also assaulted him by brick and stone, further Rubi Devi threw bricks on head while Neelam assaulted his uncle by brick, thereafter Yashoda assaulted his brother by brick and threw chilly powder in his eyes. 4.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that specific allegation of assault is against Bajrangi and Gunanand. It is also submitted that though Shivnandan is alleged to have fired but no one was injured as such the said allegation has been alleged only to give seriousness to the case and as far as petitioner no. 1 (Uman) is concerned, he is a senior citizen aged about 76 years and came to be implicated with an allegation that he along with Sukhdev assaulted the informant by brick and stone. It is further submitted that entire family members came to be implicated on account of dispute relating to land.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that from perusal

3/4 of the allegations as alleged in the FIR, it would manifest that Bajrangi and Gunanand are alleged to have assaulted the informant, but then Gunanad is alleged to have assaulted the informant by kudal on head causing injury. It is next submitted that Bajrangi had approached this Court seeking anticipatory bail by filing Cr. Misc No. 54559 of 2025 and the same came to be allowed by an order dated 27-8-2025. It is further submitted that from perusal of the order dated 27-8-2025 in Cr. Misc NO. 54559 of 2025, it would manifest that the injury suffered on account of assault by Gunanand on head has been opined to be grievous in nature, but then fairly submits that allegation against the petitioner nos. 1 and 3 appears to be general, omnibus and ornamental in nature.

6.

After hearing the learned counsel for the parties, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner no. 2 (Gunanand Kamat). 7.

Accordingly, the prayer for anticipatory bail of the petitioner no. 2 is rejected.

8.

However the petitioner nos. 1 and 3, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the

4/4 like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kishunpur P.S. Case No. 37 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.

9.

Accordingly, the instant anticipatory bail application is partly allowed.

(Satyavrat Verma, J) Sumit/- U T