Patna High Court
Nagendra Sah @ Nagendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court grants anticipatory bail to the petitioner under Section 438(2) CrPC and Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023, subject to conditions.
Summary
The petitioner, Nagendra Sah, was implicated in a FIR alleging participation in a mob that obstructed traffic, attacked police officers, and damaged a police vehicle, with charges under various sections of the Indian Penal Code and the Damage of Public Property Act. He contended that he was innocent, had a clean antecedent, and that the allegations against him were vague and based merely on his presence in the mob. The State opposed his request for anticipatory bail. The Court observed that no specific allegation singled out the petitioner and noted that co‑accused in similar cases had been granted anticipatory bail by a coordinate bench. Relying on Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court granted anticipatory bail with conditions of a bail bond, sureties, cooperation with investigation, and verification of criminal antecedent. The order directs that bail be enlarged within four weeks of arrest or surrender, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted when the FIR contains no specific allegation against the petitioner and merely implicates him as a member of the mob
- Whether the precedent of anticipatory bail granted to co‑accused in similar cases warrants a similar order in the present case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- mob violence
- police assault
- Section 121 IPC
- Section 121A IPC
- Damage of Public Property Act
- Criminal Procedure
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30636 of 2026
Arising Out of PS. Case No.-368 Year-2025 Thana- JAMOBAZAR District- Siwan
======================================================
Nagendra Sah @ Nagendra Kumar S/o Dinanath Sah Resident of vill-
Chandan Chapra, PS- Jamo Bazar, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Anupam
For the Opposite Party/s : Mr.Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Siwan Jamo Bazar P.S. Case No. 368 of 2025, registered
for the offences punishable under Sections 121, 121(A), 115,
118(2), 109, 132, 221, 121(3) of BNS & 3, 4 of Damage of
Public Property Act.
3. As per FIR, while the informant was on patrolling
duty, he received information from the SHO that traffic on the
road from Jamo Chowk to Barhariya had been obstructed by a
crowd. Upon reaching the spot, he found several agitated
persons who allegedly attacked police officials, damaged a
police vehicle, and assaulted him and other police personnel
with intention to kill them.
Patna High Court CR. MISC. No.30636 of 2026(2) dt.07-05-2026
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4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated. He is
a person of clean antecedent. The allegations against him are
general and omnibus. He is a member of the mob.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. From the reading of the allegation leveled in the
FIR, it transpires that there is no specific allegation against the
petitioner and he seems to have been implicated because he was
a member of the mob who had allegedly obstructed traffic of the
road. Similarly situated co-accused persons have already been
granted anticipatory bail by a coordinate Bench of this Court in
Cr. Misc. No. 22277 of 2026 and Cr. Misc. No. 10310 of 2026.
Under these circumstance, I am inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, Siwan in connection with
Jamo Bazar P.S. Case No. 368 of 2025, subject to the conditions
laid down under section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.30636 of 2026(2) dt.07-05-2026
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Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 and subject to further condition that :-
(i) The petitioner shall co-operate in the investigation/
trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioner and in case it is found
that the petitioner has concealed his criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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