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Patna High Court

Saurabh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Saurabh Kumar, a 24‑year‑old student, was named among 51 persons in FIR No. 381 of 2024 for allegedly throwing stones at an informant and police and raising slogans against the administration. The FIR, filed three days after the alleged incident, charges under multiple sections of the Bihar Negotiable Statutes, 2023, but does not specifically allege any act by the petitioner and omits any injury report. The petitioner sought anticipatory bail, asserting innocence, a clean antecedent, and that the FIR lacks specific allegations against him. The State opposed the bail, relying on the FIR and the charges. The Court, after reviewing the FIR and noting the absence of specific allegations and the petitioner’s clean record, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the FIR naming him among many accused without specific allegation.

Subjects

  • anticipatory bail
  • criminal procedure
  • public order offences
  • Section 482
  • Bihar Negotiable Statutes
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12756 of 2026
                      Arising Out of PS. Case No.-381 Year-2024 Thana- NASRIGANJ District- Rohtas
                 ======================================================
                 Saurabh Kumar, Male, aged about 24 years, Son of Ashok Kumar Singh,
                 Resident of Village- Nasriganj Ward No. 05, P.S.- Nasriganj, District- Rohtas
                 at Sasaram.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shankar Kumar, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Nasriganj P.S. Case No. 381 of 2024 instituted for the

                   offences punishable under Sections 190, 132, 74, 351(2),

                   121(1), 121(2), 115(2), 126(2), 352, 109, 191(2), 324(4) and

                   324(5) of the BNS, 2023.

                                3. As per allegation in the FIR, all the persons named

                   in the FIR including the present petitioner assaulted the

                   informant as well as the police party by throwing stones as a

                   result of which, they sustained injuries and also raised slogan

                   against the administration.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent has committed no offence and has falsely
Patna High Court CR. MISC. No.12756 of 2026(2) dt.12-03-2026
                                            2/3




          been implicated in this case. He submits that there is no any

          specific allegation against the petitioner. He further submits that

          the alleged occurrence was occurred on 06.11.2024 and the FIR

          was lodged after three days of the occurrence. He next submits

          that the petitioner is a student and preparing for competitive

          examination. Petitioner has got clean antecedent as stated in

          para-3 of the petition.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. From perusal of the FIR and the impugned order of

          the learned Additional Sessions Judge-1st, Bikaramganj, Rohtas

          dated 03.01.2026, it appears that on the basis of written report of

          the informant namely, Amit Kumar, Sub-Inspector of Police-

          cum-SHO, Nasriganj, Rohtas, FIR has been registered under

          Sections 190, 132, 74, 351(2), 121(1), 121(2), 115(2), 126(2),

          352, 109, 191(2), 324(4) and 324(5) of the BNS, 2023 against

          51 named and 150-200 unknown persons including the present

          petitioner and the allegation is of throwing stones and raising

          slogan against the administration. From perusal of the entire

          FIR, it also appears that there is no specific allegation against

          the present petitioner and the petitioner has got clean antecedent

          as stated in para-3 of the petition. From perusal of the impugned
            Patna High Court CR. MISC. No.12756 of 2026(2) dt.12-03-2026
                                                        3/3




                      order, it also appears that nothing has been mentioned regarding

                      the injury report of the victim, so considering all these aspects

                      of the case and submissions of learned counsel for the petitioner,

                      I am inclined to grant anticipatory bail to the above named

                      petitioner.

                                    7. Accordingly, let the petitioner above named in the

                      event of his arrest or surrender before the trial Court within a

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

                      upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Sub-Divisional Judicial Magistrate, Bikaramganj,

                      Rohtas in connection with Nasriganj P.S. Case No. 381 of 2024,

                      subject to the conditions laid down in Section 482(2) of the

                      BNSS.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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