Patna High Court
Shubham Sah @ Subham Kumar @ Subham SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
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
Checking your session…