Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 118(2), 126(2), 190, 191(2), 191(3)
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.