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2026 DAILYLAW 7960 (PAT)

Amarjeet Kumar v. The State of Bihar

CR. MISC./15754/2026 · 2026-03-25

Anshuman

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15754 of 2026 Arising Out of PS. Case No.-228 Year-2025 Thana- Kharagpur District- Munger ====================================================== 1. Amarjeet Kumar Son of Basudev Paswan Resident of Village- Kendua, P.S.- Kharagpur, District- Munger 2. Kailash Paswan Son of Late Ramvaran Paswan Resident of Village- Kendua, P.S.- Kharagpur, District- Munger 3. Rajeev Kumar Son of Gopal Paswan Resident of Village- Kendua, P.S.- Kharagpur, District- Munger ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surya Narayan Sah, Advocate For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 25-03-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are apprehending arrest in connection with Kharagpur P.S. Case No. 228 of 2025 lodged on 26.10.2025, for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 324(4), 303(2), 118(1), 74, 351(2), 352, 329(4), 125 & 109 of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution, FIR has been lodged against 16 named accused persons including the present petitioners. It has been alleged by the informant that initially some of the Patna High Court CR. MISC. No.15754 of 2026(2) dt.25-03-2026 2/3 accused persons were bursting crackers and throw upon the members of the informant’s family and also in the house of the informant. Upon protest of the same, all the accused persons came and armed with lathi, danda, iron rod and assaulted the informant’s side, due to which, injury has been caused. 4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. Counsel submits that for the same date and place of occurrence, there are case and counter case from both the sides and both the sides sustained injuries. He submits that on petty issue, the scuffling took place from both the sides. He submits that both parties are resident of the same locality and well known to each other. Counsel further submits that the petitioner nos.1 and 2 have clean antecedent, whereas, petitioner no.3 has one criminal antecedent in which he is on bail. Counsel submits that such mistake shall not occur in future and the petitioners are ready to fulfill all the conditions whatsoever shall be imposed upon them. 5. Learned APP for the State opposes the prayer for bail of the petitioners but submits that from the record, it transpires that for the same date and place of occurrence, there are case and counter case from both the sides. Patna High Court CR. MISC. No.15754 of 2026(2) dt.25-03-2026 3/3 6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Additional Chief Judicial Magistrate-I, Munger, in connection with Kharagpur P.S. Case No. 228 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023 with further conditions:- (i) one of the bailors should be the family member of the petitioners who shall provide official document to show his/her bona fide; (ii) if, in the future, it is found that the petitioners are again involved in a similar dispute, i.e., bursting crackers, then the bail bond of the petitioners shall be liable to be cancelled by the trial court itself. Divyansh/- (Dr. Anshuman, J) U T