Patna High Court
Md. SakibversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 117(2), 126(2), 191(2), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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