Patna High Court
Sanni KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to conditions, finding the allegations insufficient to deny bail.
Summary
The petitioners, three residents of Baghwabari village, were implicated in a police case alleging assault on an informant and his family, with charges under several sections of the Bihar Non-Compromise and Settlement Act, 2023. They contended that the allegations were vague, stemmed from a land dispute, and that the injuries were minor, asserting a clean antecedent. The State opposed the grant of anticipatory bail. The court noted the lack of specific allegations and the minor nature of the alleged injuries, and, considering the petitioners' willingness to give undertakings, granted anticipatory bail subject to strict conditions. The bail order required a bond, sureties, appearance before the trial court, and prohibitions against tampering with evidence or committing further offences. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted when the FIR contains general, omnibus allegations without specific evidence.
- Whether the petitioners' clean antecedent and the minor nature of alleged injuries justify bail.
- Whether conditions imposed under Section 482(2) of the B.N.S.S. 2023 are appropriate.
Subjects
- anticipatory bail
- general allegations
- clean antecedent
- Section 482
- bail conditions
- land dispute
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14272 of 2026
Arising Out of PS. Case No.-929 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
1. Sanni Kumar Son of Dinesh Paswan Resident of Village - Baghwabari Ita
Bhatta Tola, Ward No. 16, P.S. - Nagar, District - Katihar.
2. Vikki Kumar @ Vikki Pasi Son of Late Raju Pasi Resident of Village -
Baghwabari Ita Bhatta Tola, Ward No. 16, P.S. - Nagar, District - Katihar.
3. Santosh Kumar Son of Late Raju Pasi Resident of Village - Baghwabari Ita
Bhatta Tola, Ward No. 16, P.S. - Nagar, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Musowir, Adv.
For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 26-02-2026 Heard Mr. Md. Musowir, learned counsel for the
petitioners and the learned APP for the State.
2. This application for grant of anticipatory bail arises
out of Katihar Nagar Police Station Case No. 929 of 2025 dated
18.09.2025, disclosing the offence under Section 126(2), 115(2),
109, 352, 351(2), 351(3), 3(5) of the BNS lodged by the
informant, Md. Alam.
3. As per the prosecution case, the informant alleged
that while he was at his home, all the five FIR named accused
persons including these petitioners came and started assaulting
the informant and his family members by means of sticks and
spades causing injuries to them. This led the FIR.
Patna High Court CR. MISC. No.14272 of 2026(2) dt.26-02-2026
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4. Learned counsel for the petitioners submits that
petitioners have not committed any offence as alleged in the FIR
and they have falsely been implicated in this case due to land
disputes between them. Both the parties are neighbors to each
other and there is no specific allegation against these petitioners
rather general and omnibus allegations are there, and the injuries
which are said to have been sustained by the informant and his
family members are said to be simple in nature. It has next been
submitted that the petitioner is ready to give undertaking that if
in future, if any allegations are levelled against them before the
local police with regard to the threat and harassment being
caused to the informant’s side, in such event, the local police
would verify the allegations and on finding substance in the
allegation, they would be at liberty to seek the cancellation of
the anticipatory bail, if granted to the petitioners.
5. On the other hand, learned APP vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the fact that there is no specific
allegation against these petitioners rather general and omnibus
allegations are there against them and the injuries which are said
to have been sustained by the informant and his family members
are said to be simple in nature and the petitioners have got clean
Patna High Court CR. MISC. No.14272 of 2026(2) dt.26-02-2026
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antecedent, this Court is inclined to grant the petitioners the
privilege of anticipatory bail, subject to the undertakings of the
petitioners as stated above.
7. This application for anticipatory bail is,
accordingly, allowed.
8. Let the petitioners, named above, in the event
of his arrest or surrender before the Court below within six
weeks from today, be released on bail on furnishing bail bond of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Katihar, in connection with aforesaid Police Station
Case subject to the condition as laid down under Section 482 (2)
of the B.N.S.S. 2023, as well as the following conditions:-
(i) one of the bailors should
be the family member/relative of the
petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall
appear on each and every date before
the Trial Court and failure to do so for
two consecutive dates without
plausible reason will entail
cancellation of his bail bond by the
Trial Court itself;
(iii) the petitioner(s) shall in
Patna High Court CR. MISC. No.14272 of 2026(2) dt.26-02-2026
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no way try to induce or promise or
threat the witnesses or tamper with the
evidences, failing which the State shall
be at liberty to take steps for
cancellation of the bail
(iv) the petitioner(s) shall
desist from committing any criminal
offence again, failing which the State
shall be at liberty to take steps for
cancellation of his/her bail bonds.
(Ajit Kumar, J)
perwez
U T
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