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Patna High Court

Rupam DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners.

Summary

The petitioners, three residents of Bhagwanpur village, sought anticipatory bail fearing arrest in connection with a police case (No. 316 of 2025) involving a large mob alleged to have freed a co‑accused from police custody. They argued they were not named in the FIR and that a witness merely mentioned their names without attributing any specific role, emphasizing their clean antecedents and lack of motive. The State opposed the bail but conceded that the petitioners were only alleged members of the mob. Considering the absence of direct incriminating evidence against them and the circumstances, the court inclined to grant anticipatory bail. Accordingly, the court ordered that, upon arrest within six weeks, the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the Bihar Negotiable and Securities Act.

Issues considered

  • Whether anticipatory bail can be granted to persons not named in the FIR but alleged to be members of a mob involved in offences under multiple sections of the BNS and the Arms Act.

Legislation cited

Subjects

  • anticipatory bail
  • mob participation
  • FIR
  • clean antecedent
  • criminal procedure
  • Section 482(2)
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10029 of 2026
                   Arising Out of PS. Case No.-316 Year-2025 Thana- BHAGWANPUR District- Begusarai
                 ======================================================
           1.     Rupam Devi, W/o- Dashrath Mukhiya, R/v- Bhith, Ward No-12, P.S.-
                  Bhagwanpur, Dist- Begusarai.
           2.    Aarti Devi, W/o- Bipin Mukhiya, R/v- Bhith, Ward No-12, P.S.-
                 Bhagwanpur, Dist- Begusarai.
           3.    Ritik Rishan Kumar @ Ritik Kumar, S/o- Ram Pravesh Mukhiya, R/v-
                 Bhith, Ward No-12, P.S.- Bhagwanpur Dist- Begusarai

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhirendra Kumar, Adv.
                 For the Opposite Party/s :      Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   16-03-2026                  1. Heard the parties.

                                2. The petitioners apprehend their arrest in connection

                   with Bhagwanpur P. S. Case No. 316 of 2025 dated 24.10.2025

                   registered for the offence(s) punishable under Section(s) 191(2),

                   191(3), 190, 126(2), 115(2), 117(2), 118(2), 109(1), 132, 121(1),

                   121(2), 125(a), 125(b), 221, 192, 61(2), 263 and 324(4) of the

                   BNS and Section 27 of the Arms Act.

                                3. The main submissions advanced by the learned

                   counsel for the petitioners are that the petitioners are not named

                   in the FIR and during the course of investigation, one Asha Devi

                   revealed the names of the petitioners as being involved in the
Patna High Court CR. MISC. No.10029 of 2026(2) dt.16-03-2026
                                            2/3




          commission of the alleged occurrence, however, no specific

          role has been attributed to them by her. Learned counsel further

          submits that in the alleged occurrence a mob consisting of more

          than 20 persons is said to be involved and the petitioners had no

          reason to participate in the commission of the alleged

          occurrence as they are simply co-villagers of the apprehended

          co-accused namely, Rohit Kumar, who is said to have been freed

          by the assembled crowd from the clutches of the police. It is

          lastly submitted that the petitioners have fair and clean

          antecedent.

                       4. Learned APP appearing for the State has opposed

          the bail prayer of the petitioners but fairly accepts that the

          petitioners are simply stated to be the members of the alleged

          mob.

                       5. In the facts and circumstances of this case and

          considering the above submissions mainly the alleged role of

          the petitioners in the commission of the alleged offences, this

          court is inclined to grant the relief of anticipatory bail to them.

          Accordingly, let the petitioners named-above, in the event of

          their arrest/surrender before the learned court below within a

          period of six weeks from today, be released on anticipatory bail

          in connection with Bhagwanpur P. S. Case No. 316 of 2025 on
              Patna High Court CR. MISC. No.10029 of 2026(2) dt.16-03-2026
                                                          3/3




                        furnishing bail bonds of Rs. 20,000/- (Rupees Twenty

                        Thousand) each with two sureties of the like amount each to the

                        satisfaction of the Court concerned, subject to the conditions as

                        laid down under Section 482(2) of the BNSS.



                                                  (Shailendra Singh, J)

Rajiv/-

U         T


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