Amit Kumar @ Raj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Amit Kumar @ Raj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: on arrest or surrender within four weeks before the Court below, they are to be released on bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Munger/concerned Court below, in connection with Kasim Bazar P.S. Case No. 96 of 2025 (G.R. No. 1347A of 2025), subject to conditions under Section 482(2) of the BNSS.

Issue for consideration

Whether the petitioners, apprehending arrest in Kasim Bazar P.S. Case No. 96 of 2025 (G.R. No. 1347A of 2025) for offences under Sections 126(2), 115(2), 109, 3(5) BNS 2023 and section 27 Arms Act, should be granted anticipatory bail.

Court's answer

Considering the facts and circumstances of the case and the fact that the Police has submitted final form, the application for anticipatory bail stands allowed.

Ratio / Principle

In the event of arrest or surrender within four weeks, the petitioners are to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger/concerned Court below, subject to the conditions under Section 482(2) of the BNSS.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — Patna High Court, Criminal Miscellaneous No. 12235 of 2026 (order dated 23-02-2026, Sandeep Kumar, J): Petitioners apprehending arrest in Kasim Bazar P.S. Case No. 96 of 2025 (G.R. No. 1347A of 2025), District Munger, for offences under Sections 126(2), 115(2), 109, 3(5) of the B.N.S., 2023 and section 27 of the Arms Act, alleged to have fired upon the informant. Counsel submitted the petitioners were falsely implicated, that there was a case and counter case between the parties, and that the Police, after investigation, had exonerated them and submitted final form on 31.07.2025, whereafter the learned Magistrate deferred with the final form and took cognizance. Petitioner no. 1 had one criminal antecedent; petitioner no. 2 bore clean antecedent. Holding the police final form a relevant consideration, the Court allowed the anticipatory bail application and directed release on arrest or surrender within four weeks on bail bonds of Rs.10,000/- each with two sureties of the like amount each, subject to the conditions under Section 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12235 of 2026

Arising Out of PS. Case No.-96 Year-2025 Thana- KASIMBAZAR District- Munger

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

Amit Kumar @ Raj Kumar S/O Ajay Yadav @ Ajay Kumar R/O Vill.Naulakha, P.S.- Kasim Bazar, Distt - Munger

Sumit Kumar @ Raju Kumar S/O Ajay Yadav @ Ajay Kumar R/O Vill.Naulakha, P.S.- Kasim Bazar, Distt - Munger

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

ORAL ORDER

2 23-02-2026

Heard the learned counsel for the petitioners and

learned APP for the State.

The petitioners apprehend their arrest in connection with Kasim Bazar P.S. Case No. 96 of 2025, (G.R. No. 1347A of 2025), for offences under Sections 126(2), 115(2), 109, 3(5) of the B.N.S., 2023 and section 27 of the Arms Act.

The prosecution case, in brief is that the petitioners are alleged to have fired upon the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsley been implicated in the present case. There is case and counter case between the parties.

Learned counsel further submits that the Police after investigation have exonerated the petitioners and submitted final

Patna High Court CR. MISC. No.12235 of 2026(2) dt.23-02-2026 2/2

form on 31.07.2025 and thereafter learned Magistrate has deferred with the final form and has taken cognizance against the petitioners. Petitioner no. 1 has one criminal antecedent whereas petitioner no. 2 bears clean antecedent.

Learned APP for the State has vehemently opposed the prayer for bail.

Considering the above facts and circumstances of the case and the fact that the Police has submitted final form, the application for anticipatory bail stands allowed.

Accordingly, let the petitioners, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger/concerned Court below, in connection with Kasim Bazar P.S. Case No. 96 of 2025 (G.R. No. 1347A of 2025) subject to the conditions as laid down under Section 482(2) of the BNSS.

(Sandeep Kumar, J)

Ranjeet/- U T