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Patna High Court

Shubham Sah @ Subham Kumar @ Subham SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Shubham Sah, sought anticipatory bail fearing arrest in a case arising from a road accident where a mob allegedly attacked police. The FIR alleged his participation in the mob but provided only general, omnibus accusations without specific incriminating material. The petitioner claimed innocence and disclosed a single prior criminal antecedent. The State opposed the bail, citing the seriousness of the offences listed under the Bharatiya Nagarik Suraksha Sanhita. The Court examined the lack of specific evidence and the disclosed antecedent, and, applying Section 482(2) of the B.N.S., decided to grant anticipatory bail subject to a bail bond of Rs.10,000 and conditions of cooperation and verification of the antecedent.

Issues considered

  • Whether anticipatory bail should be granted when the FIR contains only general allegations and no specific incriminating material against the petitioner.
  • Whether the petitioner’s disclosed prior criminal antecedent bars the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • mob violence
  • police assault
  • criminal antecedent
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23458 of 2026
                  Arising Out of PS. Case No.-9 Year-2026 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Shubham Sah @ Subham Kumar @ Subham Sah S/O Pravin Kumar Gupta
                 R/O Village- Sardarganj (Masjid Ke Peche), P.S.- Dalsingsarai, Dist.-
                 Samastipur.
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mahendra Pratap, Adv
                 For the Opposite Party/s :      Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER
3   06-05-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Dalsingsarai P.S. Case No. 09 of 2026, registered for the

                   offence punishable under Sections 191(2), 191(3), 191, 126(2),

                   115(2), 121(2), 121(1), 132, 109(1), 324(4), 324(5), 352, 351(2),

                   351(3) of the B.N.S.

                                3. The case of the prosecution, in short, is that on

                   10.01.2026 at about 10.00 A.M., the informant along with other

                   police officials were on patrolling duty, in the meantime, he

                   received information that one person died in road accident and

                   nearby people were creating nuisance. Then informant along

                   with police officials reached there and saw nearby people were

                   shouting slogans against police administration. Further, he came

                   to know that driver of truck bearing registration No.
Patna High Court CR. MISC. No.23458 of 2026(3) dt.06-05-2026
                                            2/3




          WB238/1514 was driving very rashly and negligently and met

          an accident and one Uttam Das died due to which nearby

          persons obstructed the road and attacked upon the police party

          with Lathi, danda, bricks, stones etc. The local Chowkidar

          identified them and also from CCTV footage.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence. He

          further submits that he has falsely been implicated in the present

          case. There is general and omnibus allegation against the

          petitioner. No incriminating material has been recovered from

          the conscious possession of the petitioner and the petitioner has

          one criminal antecedent.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. From a careful perusal of the allegations levelled in

          the FIR, it transpires that the petitioner was member of the mob

          and there is general and omnibus allegation against the

          petitioner. Nothing specific has been levelled against the

          petitioner. No incriminating material has been recovered from

          the petitioner. The petitioner has also only one criminal

          antecedent, which has been appropriately disclosed in paragraph

          3 of the application. Considering all these aspects of the matter,
            Patna High Court CR. MISC. No.23458 of 2026(3) dt.06-05-2026
                                                        3/3




                      this Court is inclined to grant privilege of anticipatory bail to the

                      petitioner.

                                    7. Let the petitioner, named above, in the event of his

                      arrest or surrender before the Court below within four weeks

                      from today, be released on bail on furnishing bail bond of

                      Rs.10,000/- (Ten thousand) with two sureties of the like amount

                      each to the satisfaction of the learned A.C.J.M.-I, Dalsingsarai,

                      Samastipur in connection with Dalsingsarai P.S. Case No. 09 of

                      2026, subject to the conditions laid down under section 482(2)

                      of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to

                      the further condition that:-

                                    (i)   the     petitioner      shall    co-operate   in   the

                      investigation/trial.

                                    (ii) the learned Court would, however, verify the

                      criminal antecedent of the petitioner and in case it is found that

                      the petitioner has concealed his criminal antecedent, the Court

                      below shall take step for cancellation of bail bond of the

                      petitioner. However, it is expected that the verification process

                      would be done expeditiously without causing any delay.



                                                     (Alok Kumar Sinha, J)
kiran/-
U       T


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