Patna High Court
Sanni Singh @ Nanki Singh @ Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The Court held that the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Sanni Singh, sought bail after being named in FIR No.215 of 2024 under multiple offences of the Bharatiya Nyaya Sanhita, 2023, relating to a container accident, looting, assault and theft. The prosecution alleged that the accused obstructed police, assaulted the driver and stole goods, but the petitioner's charge was described as a general, omnibus allegation without specific details. The petitioner highlighted that two co‑accused had already been granted anticipatory bail and that he had only one other criminal case pending. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the lack of specific allegation and the precedent of anticipatory bail to co‑accused, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail despite being named in an FIR with only a general allegation.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of bail in the present circumstances.
- Whether the grant of anticipatory bail to co‑accused influences the petitioner's bail application.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 121(1), 126(2), 127(2), 132, 140(3), 223, 303(2), 324(1), 324(3), 324(5), 3(5), 351(2), 352
Subjects
- bail
- anticipatory bail
- FIR
- omnibus allegation
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31881 of 2026
Arising Out of PS. Case No.-215 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
Sanni Singh @ Nanki Singh @ Sintu Kumar, aged about 30 years, Male, S/o
Dasai Singh, resident of Village- Udamarekha, PS- Muffasil, Distt.- Katihar
.. ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with
Katihar Muffasil PS Case No.215 of 2024 dated 12.09.2024,
instituted under Sections 126(2), 127(2), 115(2), 121(1), 132,
223, 140(3), 324(1),(3),(5), 303(2), 352, 351(2), 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that on the alleged
date of occurrence a loaded container met with an accident near
flyover and some antisocial elements wanted to loot away the
articles of the said container and when the police arrived and the
accused persons stopped the police officials from discharging
their duty and assaulted the driver and Khalasi of the container
as also stolen away the articles from the container. Due to the
Patna High Court CR. MISC. No.31881 of 2026(2) dt.07-05-2026
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said accident, the motorcycle got damaged. The local people had
caught the driver and Khalasi of the Container and kept them as
hostage.
4. Learned counsel for the petitioner submits that
sixteen persons have been named in the FIR including the
petitioner as well as 40-50 unknown accused persons. There is
no specific allegation against the petitioner. Allegation against
the petitioner is general and omnibus. It is further submitted that
two named co-accused have been granted anticipatory bail by a
co-ordinate Bench of this Court vide order dated 27.08.2025
passed in Cr. Misc. No.55771 of 2025 and another co-accused
has also been granted bail by a co-ordinate Bench of this Court
vide order dated 18.09.2025 passed in Cr. Misc. No.64701 of
2025 (Annexure- P/3 series). Lastly, it is submitted that
petitioner has one criminal case against him.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.31881 of 2026(2) dt.07-05-2026
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Chief Judicial Magistrate, Katihar, in Katihar Muffasil PS Case
No.215 of 2024, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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