Patna High Court
Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
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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
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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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