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Patna High Court

Prince KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the absence of a specific overt act against the petitioner justified granting anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Summary

The petitioner, a student, was alleged to have been part of a mob that surrounded an informant's vehicle and, along with co‑accused, used firearms and rods resulting in injuries. The charge sheet listed offences under several sections of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner argued that no specific overt act was attributed to him and that incarceration would jeopardize his future. The State opposed anticipatory bail. After hearing both sides, the court granted anticipatory bail, subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether the petitioner’s alleged participation in the mob constitutes an overt act sufficient to deny anticipatory bail.
  • Whether the petitioner is liable for the offences charged under the Bhartiya Nyaya Sanhita and the Arms Act.
  • Whether anticipatory bail can be granted under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • mob assault
  • firearms
  • Bhartiya Nyaya Sanhita
  • Arms Act
  • Section 482(2)
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.28303 of 2026
                        Arising Out of PS. Case No.-871 Year-2025 Thana- HILSA District- Nalanda
                 ======================================================
                 Prince Kumar S/o- Pappu Prasad Village- Bihari Road, Mahadev Sthan, Hilsa,
                 P.S.- Hilsa, District- Nalanda
                                                                              ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Bishwa Bijay Kumar, Advocate
                 For the Opposite Party :         Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   13-05-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                   2. This application for anticipatory bail arises out

                   of Hilsa P.S. Case No. 871 of 2025, registered for the offence

                   punishable under Sections 190, 191(2), 191(3), 126(2), 115(2),

                   118(1), 118(2), 109(1)            of the Bhartiya Nyaya Sanhita and

                   Section 27 of the Arms Act.

                                   3. As per the allegation, the petitioner and other

                   named co-accused and four un-named co-accused persons

                   surrounded the vehicle of the informant. Allegedly, co-accused

                   Pappu Kumar ordered to kill them, upon which son of the

                   informant, namely, Suraj Kumar @ Upendera Kumar, was

                   caught hold by all the accused persons. It is further alleged that

                   Roshan Kumar, Pappu Kumar and Mukesh Kumar were armed

                   with pistol and others were armed with rods. Co-accused Pappu
Patna High Court CR. MISC. No.28303 of 2026(3) dt.13-05-2026
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          Kumar fired with his pistol, which hit on the right leg of Suraj

          Kumar @ Upendra Kumar, while co-accused Mukesh Kumar,

          with an intention to kill, fired at Dhananjay Kumar, which hit on

          his hand, whereafter, all the accused persons with an intention to

          kill assaulted Roshan Kumar @ Upendra Kumar, causing

          injuries to him.

                          4. Learned counsel for the petitioner has submitted

          that except that the petitioner was the member of the mob, there

          is no allegation of overt act against the petitioner and the

          allegation of assault by firearms is specific upon co-accused

          Pappu Kumar and Mukesh Kumar. It has further been submitted

          that the petitioner is a student and is preparing for competitive

          examination and if he is sent to jail, his whole life would

          jeopardize.

                          5. Learned counsel for the State opposed the prayer

          of anticipatory bail of the petitioner.

                       6. Heard the parties and perused the record.

                       7. Considering the facts and circumstances, let the

          petitioner above named, in the event of his arrest/surrender

          within six weeks from today in the Court below, 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
          Patna High Court CR. MISC. No.28303 of 2026(3) dt.13-05-2026
                                                      3/3




                    the learned ACJM-1st, Hilsa (Nalanda), in connection with

                    Hilsa P.S. Case No. 871 of 2025, subject to the conditions as

                    laid down under Section 482(2) of the Bhartiya Nagrik Suraksha

                    Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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