Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner under Section 482(2) of the B.N.S.S., subject to surrender and bail bond conditions.
Summary
The petitioner, Sintu Kumar, applied for anticipatory bail fearing arrest in a case (PS No. 221 of 2025) involving alleged offences under Sections 191(2), 190, 126(2), 121(1), 121(2), 132 and 109 of the B.N.S. The police raid on illegal sand mining led to a clash with the sand mafia, after which the accused, including the petitioner, were named in the FIR without specific allegations against any individual. The petitioner argued that he is innocent, has no criminal record, and that the FIR is omnibus, citing that similarly situated co‑accused had been granted anticipatory bail in earlier cases. The State opposed the bail, contending the seriousness of the offences. After hearing both sides, the court, invoking Section 482(2) of the B.N.S.S., ordered the petitioner to surrender within four weeks and granted anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the usual conditions. The order reflects the court’s view that the petitioner's claim of a vague FIR and lack of specific incriminating material merit the relief of anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. despite the FIR naming him in a general manner.
- Whether the nature of the FIR, being omnibus and lacking specific allegations, justifies the grant of anticipatory bail.
- Whether the precedent of granting anticipatory bail to co‑accused in similar cases is applicable.
Legislation cited
- B.N.S.S. — s. 109, 121(1), 121(2), 126(2), 132, 190, 191(2), 482(2)
Subjects
- anticipatory bail
- Section 482
- B.N.S.S.
- illegal sand mining
- FIR
- omnibus allegations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17083 of 2026
Arising Out of PS. Case No.-221 Year-2025 Thana- MOHANPUR District- Gaya
======================================================
Sintu Kumar, S/o Nand Kishor Prasad, R/o Dema, P.S.- Mohanpur, Distt.-
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Mohanpur P.S. Case No. 221 of 2025 instituted for the
offence under Sections 191(2), 190, 126(2), 121(1), 121(2), 132
and 109 of B.N.S.
3. The case of the prosecution, in short, is that police
reached near Niranjana River to raid illegal sand mining and for
seizing liquor. When 8-10 accused persons on seeing the police
started fleeing away, accordingly, the force was started coming
back with the seized tractor laden with the sand. The sand Mafia
attacked the force causing injury. After that, the police was fled
leaving the tractor and local people and Chawkidar subsequently
Patna High Court CR. MISC. No.17083 of 2026(2) dt.18-03-2026
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disclosed the name of the accused persons including the
petitioner.
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. He has got no criminal antecedent. It has further been
submitted that from perusal of the F.I.R. it is clear that there is
name of altogether 22 persons and there is no specific allegation
against any one. The nature of allegation is general and
omnibus. It has also been submitted that similarly situated co-
accused persons have been granted the privilege of anticipatory
bail by learned Co-ordinate Benches of this Court vide Cr. Misc.
No. 79974 of 2025 and 75951 of 2025. The case of this
petitioner stands on similar footing.
5. Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioner.
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
four weeks from today and in the event of his arrest or surrender
in connection with Mohanpur P.S. Case No. 221 of 2025, he will
Patna High Court CR. MISC. No.17083 of 2026(2) dt.18-03-2026
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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.-II, Sherghati, Gaya,
subject to the conditions as laid down under section 482 (2) of
the B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
U T
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