Amarjit Kumar Ram Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Amarjit Kumar Ram Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Temporary immunity from coercive steps (arrest) pending fresh consideration by the learned District Court within four weeks, conditioned on verification that the informant's nose was not amputated and face not disfigured; bail itself neither granted nor refused outright.

Issue for consideration

Whether the petitioner should be granted pre-arrest bail in connection with Khaira P.S. Case No. 175 of 2024 (Saran), registered for offences under Sections 341, 323, 354, 326, 327, 504, 506 r/w 34 of the Indian Penal Code.

Court's answer

Till the learned District Court passes a fresh order (if warranted) within four weeks, no coercive steps shall be taken against the petitioner in connection with Khaira P.S. Case No. 175 of 2024.

Ratio / Principle

The learned District Court is directed to verify the records and materials collected in course of investigation to determine whether the informant's nose has been amputated; if the nose is found not amputated and the face not disfigured, the District Court may consider passing a fresh order within four weeks.

Key takeaways

In reaching its decision the Court weighed the grievous nature of the injury caused on the nose of the informant, together with counsel's submissions that the petitioner had undertaken not to indulge in such conduct, not to misbehave with female family members of the informant, and has clean antecedents.ratio¶23

Detailed headnote1 paragraphs

Pre-arrest bail - Criminal Miscellaneous No.6145 of 2025, Patna High Court (decided 06-03-2025, Purnendu Singh, J.), arising from Khaira P.S. Case No. 175 of 2024, District Saran, registered under Sections 341, 323, 354, 326, 327, 504, 506 r/w 34 IPC. FIR alleged that the petitioner, with other co-accused, assaulted the informant and outraged the modesty of the informant's mother; counsel submitted the grievous nose injury was unintentional/in self-defence and that the petitioner had offered Rs.5 lakh help and has clean antecedents; the APP opposed, alleging the nose was cut by sword with intent to kill. Having weighed the grievous injury against the petitioner's undertaking of future good conduct and clean antecedents, the Court disposed of the application, directing the learned District Court to verify investigation records on whether the informant's nose was amputated; if not amputated and the face not disfigured, the District Court may pass a fresh order within four weeks, and till then no coercive steps are to be taken against the petitioner.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6145 of 2025

Arising Out of PS. Case No.-175 Year-2024 Thana- KHAIRA District- Saran

======================================================

Amarjit Kumar Ram, Son of Nathuni Ram Village- Kanar Hariharpur, PO and

P.S.- Khaira, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Jeetendra Narayan, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

3 06-03-2025

Heard Mr. Jeetendra Narayan, learned counsel appearing on behalf of the petitioner and Mr. Dr. Ajeet Kumar, learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Khaira P.S. Case No. 175 of 2024 registered for the offence(s) punishable under Sections 341, 323, 354, 326, 327, 504, 506 r/w 34 of the Indian Penal Code.

As per the allegation made in the FIR, the petitioner, along with other co-accused, assaulted the informant and outraged the modesty of informant’s mother.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.6145 of 2025(3) dt.06-03-2025 2/3

been implicated in the present case. The injury, which has been caused on the nose on the informant, is without intention and in the self-defence, petitioner may have caused some injury to the informant. Though the injury caused is grievous in nature, the petitioner has tried to help the informant with a sum of Rs.5 lakh but inspite of the said fact the petitioner has been roped in the present case. Both the parties are agnates and over a trivial matter they indulged in fierce-fight. Learned counsel further submitted that the petitioner undertakes that he will not indulge in such conduct in future, he will not misbehave with any of the female family members of the informant and he will restrain himself from conducting any crime. Learned counsel further submitted that the petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on bail.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and submitted that the petitioner has not only outraged the modesty of the female family member of the informant but also he, by means of sword, has cut the nose of the informant, with an intention to kill and on these grounds the petitioner don’t deserve to be released on bail.

Having considered the rival submissions made on

Patna High Court CR. MISC. No.6145 of 2025(3) dt.06-03-2025 3/3

behalf of the parties, as well as, the fact that injury is grievous in nature, which has been caused on the nose of the informant, at the same time it has been submitted by learned counsel for the petitioner that the petitioner himself has undertaken that he will not indulge in such conduct in future, he will not misbehave with any of the female family members of the informant and he will restrain himself from conducting any crime and the petitioner also has clean antecedent.

Learned District Court is directed to verify the records and the materials collected in course of investigation, whether the nose of the informant has been amputated or not. In case learned District Court finds that informant’s nose has not been amputated and the face of the informant is not disfigured then in that case, the learned District Court may consider to pass a fresh order within a period of four weeks from today, till then no coercive steps should be taken against the petitioner in connection with the aforesaid case.

Accordingly, the present bail application stands disposed of.

(Purnendu Singh, J.)

Ashishsingh/- U T