Patna High Court
Uma Shankar Singh @ Umesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Uma Shankar Singh and Pappu Kumr Ray, sought anticipatory bail after being implicated in a FIR alleging participation in a mob that blocked a road with a dead body, attacked police, and set the road on fire, leading to charges under multiple sections of the Bharatiya Nyaya Sanhita and the Public Property Damage Act. They contended that they were merely members of the crowd and had clean antecedents, noting that similarly situated co‑accused had already been granted anticipatory bail in a related case. The State opposed the bail application. The Court, after considering the facts and the petitioners' claim of innocence, granted anticipatory bail subject to a bail bond of Rs 10,000, two sureties of equal amount, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, within eight weeks of arrest. The order also directed the bail to be enlarged by the Additional Chief Judicial Magistrate‑IX, Saran. The decision reflects the Court's discretion to prevent undue harassment while ensuring the integrity of the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita and the Public Property Damage Act.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are sufficient to safeguard the investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 147, 149, 188, 307, 323, 324, 332, 333, 341, 353, 506/34
- Public Property Damage Act — s. ¾
Subjects
- anticipatory bail
- mob violence
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
- Public Property Damage Act
- bail conditions
- Section 482(2) Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25440 of 2026
Arising Out of PS. Case No.-92 Year-2024 Thana- PARSA District- Saran
======================================================
1. Uma Shankar Singh @ Umesh Singh S/o Sugeshwar Singh R/o Village -
Saidpur, P.S - Dariyapur, District - Saran
2. Pappu Kumr Ray @ Pappu Singh S/o Pulish Ray R/o Village - Sarai Saho,
P.S - Dariyapur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr. Anish Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 147, 149, 188, 341, 323,
324, 307, 353, 332, 333, 506/34 of the Bharatiya Nyaya Sanhita
and Section ¾ of the Public Property Damage Act.
3. As per the allegation made in the FIR, the accused
persons (29 named and 40-50 unknown persons) were blocking
the road with dead body of one Jaipal Singh, who died due to
electric shock and when the police party came and requested to
remove the blockade, they started hitting the police party with
bricks, stones and sticks. The crowd present there also set the
road on fire and disrupted the traffic.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.25440 of 2026(2) dt.11-05-2026
2/2
present case. General and omnibus allegation has been levelled
against the petitioners and at best, petitioners can only be said to
be members of the mob. Similarly situated co-accused persons
have already been granted anticipatory bail by co-ordinate
Bench of this Court vide order dated 01.05.2025 passed in Cr.
Misc. No. 23041 of 2025. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged 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 Additional Chief
Judicial Magistrate-IX, Saran, Chapra in connection with Parsa
P. S. Case No. 92 of 2024, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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