Patna High Court
Brajmohan Kumar @ Brij Mohan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the B.N.S., 2023.
Summary
Petitioner Brajmohan Kumar applied for anticipatory bail fearing arrest in a case (PS 297/2025) alleging offences under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Arms Act. The prosecution alleged that the petitioner was part of a mob that obstructed a pillar fixing, incited violence, and that firing by others caused injuries. The petitioner contended he had no direct involvement and was merely a member of the crowd, with the FIR primarily implicating others. The State opposed bail, citing two prior criminal cases and asserting the petitioner’s name appeared in the informant’s restatement that all accused fired. After hearing both sides, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the allegations and his criminal antecedents.
Legislation cited
- Arms Act — s. 27, 30
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 329(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- mob violence
- Arms Act
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12414 of 2026
Arising Out of PS. Case No.-297 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Brajmohan Kumar @ Brij Mohan Kumar Son of Chandeshwar Singh
Resident of Village- Rampur Bakhra, P.S.- Bhagwanpur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Bhagwanpur P.S. Case no. 297 of 2025 instituted for the
offence under Sections 191(2), 191(3), 190, 329(2), 115(2),
118(1), 126(2), 352, 351(2), 109 of the B.N.S., 2023 and
Sections 27 and 30 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner, along with others, has come to obstruct the fixing of
the pillar by the informant. They started abusing. It is alleged
that the petitioner has exhorted Chandeshwar Singh, and
Jaleshwar Singh had exhorted, and on their exhortation,
Abhishek and Abhinandan have made firing, due to which
Patna High Court CR. MISC. No.12414 of 2026(2) dt.26-02-2026
2/3
certain persons of the informant's side have received gunshot
injuries.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has falsely been implicated in this case. From
perusal of the FIR, it is clear that the main thrust of allegation is
against Abhishek and Abhinandan. There is no allegation of any
overt act against the petitioner. The petitioner is only the
member of mob.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner and submits that the
petitioner is having criminal antecedent of two cases. He also
submits that the name of this petitioner could not be entered as
there were many injured persons but the same has been rectified
by filing a protest. On being asked as to why he was not named
in the re-statement of the informant. He further submits that in
the re-statement, the informant has stated that all the accused
persons have fired.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
Patna High Court CR. MISC. No.12414 of 2026(2) dt.26-02-2026
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four weeks from today and in the event of his arrest or surrender
in connection with Bhagwanpur P.S. Case No. 297 of 2025, he
will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned A.C.J.M.-VI, Vaishali at Hajipur
subject to the conditions as laid down under section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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