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Patna High Court

Md. SakibversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of a specific allegation of assault against the petitioner, anticipatory bail was granted.

Summary

The petitioner, Md. Sakib, sought anticipatory bail fearing arrest in a case registered under Sections 191(2), 126(2), 115(2), 109 and 117(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The FIR alleged that a mob of 30‑40 persons assaulted the informant’s family, naming the petitioner among the assailants but without any specific allegation of assault attributable to him. The State opposed bail, relying on the FIR’s allegations. The Court observed that the allegations were general and omnibus, lacking a specific charge of assault against the petitioner, and therefore the offence under Section 109 BNSS could not be established. Consequently, the Court ordered that the petitioner be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions of cooperation with the investigation.

Issues considered

  • Whether anticipatory bail can be granted when the FIR contains only general, omnibus allegations without specific attribution to the petitioner.
  • Whether the alleged offence under Section 109 of the BNSS is made out against the petitioner.
  • Whether the petitioner’s cooperation with the investigation is a condition for bail.

Legislation cited

Subjects

  • anticipatory bail
  • mob assault
  • general allegations
  • BNSS
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2952 of 2026
                       Arising Out of PS. Case No.-153 Year-2025 Thana- MIRGANJ District- Purnia
                 ======================================================
                 Md. Sakib Son of Md. Kamil Resident of Village- Rangpura, P.S.- Mirganj,
                 District- Purnea

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Kumar Anand, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   126(2), 115(2), 109 and 117(2) of the B.N.S.

                                3. The allegation in the First Information Report is

                   that 30-40 persons assaulted the informant’s brother Chhotu

                   Kumar regarding some video causing injuries to him as well as

                   others.

                                4. Learned counsel for the petitioner submits that the

                   First Information Report itself would make it apparent that there

                   was a dispute with Chhotu Kumar on account of which 30-40

                   persons had assembled and who also indulged in assaulting the

                   informant’s father, mother and brother and one Abhiram Kumar
Patna High Court CR. MISC. No.2952 of 2026(2) dt.28-01-2026
                                            2/3




          was also assaulted. Name of the petitioner has been specifically

          taken amongst the persons who assaulted but there is no specific

          allegation of assault upon a person attributed to him rather the

          allegations are clear that all 30-40 persons had generally

          assaulted the informant’s family members. The order rejecting

          bail indicates while Abhiram Kumar and Ahila Devi, mother of

          the informant, received simple injuries, the injuries of three

          persons were kept reserved. It has been argued that the

          allegations do not disclose any assault upon one of the injured,

          namely Nageshwar Mandal. It is thus submitted that in absence

          of any specific allegation being attributed to any person where

          an act of assault is committed by a mob, it is difficult to fix the

          responsibility and moreover, the offence under Section 109 of

          B.N.S. would not be made out in the facts and circumstances.

                       5. Learned APP for the State opposed the prayer for

          anticipatory bail on the basis of allegations made in the First

          Information Report.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and considering the general and omnibus nature

          of allegations which discloses an act of assault by a mob of

          more than 30-40 persons, but in absence of any specific

          allegation of assault upon a person causing injury, let the above
              Patna High Court CR. MISC. No.2952 of 2026(2) dt.28-01-2026
                                                          3/3




                        named petitioner, be released on bail, in the event of his arrest or

                        surrender before the learned Court below within a period of four

                        weeks from today, on furnishing bail bond of Rs. 10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned Court below where the

                        case is pending/successor Court in connection with Mirganj P.S.

                        Case No. 153 of 2025, subject to the condition as laid down

                        under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the

                        Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to

                        further condition(s):

                                        (i) One of the bailors will be his own blood relative,
                                        preferably, father, mother, brother, sister and/or his
                                        wife.
                                        (ii)    The   petitioner     shall   co-operate   with   the
                                        investigation, if not already concluded and make
                                        himself available as and when so required, failing
                                        which the prosecution will be at liberty to move
                                        cancellation of his bail bond.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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