Patna High Court
Sujeet Kumar @ Sujeet MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Sujeet Kumar, sought anticipatory bail fearing arrest in a case arising from a fight at a dance program, wherein multiple offences under the Bharatiya Nyaya Sanhita were alleged. The prosecution alleged that both groups sustained injuries, but the petitioner argued that the charges were based only on general and omnibus allegations with no specific overt act attributed to him, and he has a clean antecedent. The co‑accused Baliram Yadav had already been granted anticipatory bail in a related matter. The State opposed the bail, contending the seriousness of the offences. The Court, noting the lack of specific allegations against the petitioner and his clean record, allowed the anticipatory bail, directing that he be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite general and omnibus allegations under multiple sections of the Bharatiya Nyaya Sanhita
- Whether the petitioner’s clean antecedent and lack of specific overt act warrant bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115, 117, 118, 121, 126, 132, 190, 191, 225, 323, 351, 352, 482
Subjects
- anticipatory bail
- general allegations
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1063 of 2026
Arising Out of PS. Case No.-36 Year-2025 Thana- BHANGHA District- West Champaran
======================================================
Sujeet Kumar @ Sujeet Mahto Son of Rudal Mahto @ Bhuaal Mahato
Resident of village - Sherava Rampur, P.S.- Bhangaha, District - West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 118, 109, 117(2), 352, 351(2), 323,
225, 121(2), and 132 of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, a fight took place
between two groups during a dance programme in which both
sides sustained injuries.
4. Learned counsel for the petitioner submits that
there are general and omnibus allegations against the petitioner,
and there is no allegation of any overt act against him. Similarly
situated co-accused, namely, Baliram Yadav has already been
Patna High Court CR. MISC. No.1063 of 2026(2) dt.10-02-2026
2/2
granted anticipatory bail by this Court vide order dated
05.12.2025 passed in Cr. Misc. No. 66198 of 2025. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the general and omnibus allegations
against the petitioner and clean antecedent, the prayer for grant
of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest or surrender
within a period of eight weeks from today, let the above-named
petitioner be enlarged on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Bettiah, West Champaran, in connection with Bhangaha P.S.
Case No. 36 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
Navya/-
U T
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