Created by Fuzzy Cloud

Patna High Court

Sanni KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/4




                       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
                                            3/4




          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
                                                         4/4




                                                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.