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Patna High Court

Vinod SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to conditions, under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Vinod Sah and Sandeep Sah, sought anticipatory bail after being implicated in a case arising from a disturbance during the immersion of a Saraswati Puja idol, where police alleged they were among a crowd that abused officers and threw stones. The prosecution relied on local information and video footage to identify them, while the petitioners claimed they were innocent bystanders who fled the scene and that there was no injury report against the police. The petitioners argued that the allegations were vague, they had no prior criminal record (except a unrelated case for the second petitioner), and that the identification was erroneous. The State opposed the bail, contending that the seriousness of the offences under the Bharitya Nagrik Suraksha Sanhita warranted denial of bail. After considering the facts, the court granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, imposing conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita despite the allegations of assault on police officers.
  • Whether the evidence presented by the prosecution is sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharitya Nagrik Suraksha Sanhita
  • public order offences
  • police assault
  • identification of accused
  • procession disturbance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34480 of 2026
                   Arising Out of PS. Case No.-24 Year-2026 Thana- CHANDRAMANDI District- Jamui
                 ======================================================
           1.     Vinod Sah Son of Late Munshi Sah Resident of Village- Chandramandih,
                  P.S.- Chandramandih, District- Jamui.
           2.    Sandeep Sah Son of Late Sukhdeo Sah Resident of Village- Chandramandih,
                 P.S.- Chandramandih, District- Jamui.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Akhauri Kamal Kishore Sahay
                 For the Opposite Party/s :     Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   19-05-2026                    The matter has been taken up today through video

                   conferencing.

                                2. Heard learned counsel for the petitioners and

                   learned APP for the State.

                               3. The Petitioners are apprehending their arrest in

                   connection with Chandramandi P.S. Case No. 24/2026

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

                   190, 126(2), 115(2), 117(2), 118(1), 109(1), 132, 125(a), 125(b),

                   351(2) and 352 of the B.N.S.

                                4. As per the prosecution case, the informant was

                   maintaining peace, law and order during the immersion of the

                   Saraswati Puja idol. It is alleged that certain persons carrying
Patna High Court CR. MISC. No.34480 of 2026(2) dt.19-05-2026
                                            2/3




          the idol of Goddess Saraswati in the procession were not

          behaving properly. It is further alleged that the informant, along

          with the police force, stopped such persons from indulging in

          such acts and requested them to immerse the idol in a peaceful

          manner. Thereafter, about 40 to 50 persons started abusing the

          police personnel and started pelting stones at them, as a result of

          which some persons sustained injuries. It is further alleged that

          four persons were apprehended at the spot while the others

          managed to flee away. It has also been alleged that, on the basis

          of local information and available video footage, the petitioners

          were identified as being among the persons who were creating

          hindrance in the peaceful immersion of the idol.

                       5. Learned counsel for the petitioners has submitted

          that petitioners are innocent and have falsely been implicated in

          this case. It has further been submitted that there are general and

          omnibus allegations against the petitioners. It has also been

          submitted that the petitioners were bystanders, watching the

          immersion of the idol, but during the commotion, they fled

          away from the place of occurrence and were wrongly identified

          as the persons creating hindrance. It has next been submitted

          that there is no injury report on record to substantiate the

          allegation of assault on the police force. Lastly, it has been
          Patna High Court CR. MISC. No.34480 of 2026(2) dt.19-05-2026
                                                      3/3




                    submitted that the petitioner No.1 has got no criminal

                    antecedents, while petitioner No.2 has been made accused in

                    one another case, but not of similar nature.

                                 6. Learned A.P.P. for the State has vehemently

                    opposed the prayer for anticipatory bail of the petitioners.

                                 7. Heard the parties and perused the record.

                                 8. Considering the aforesaid facts and circumstances

                    of the case, let the above named petitioners, in the event of their

                    arrest/surrender within a period of six weeks from today, be

                    enlarged on anticipatory bail on furnishing bail-bond of Rs.

                    10,000/- (Rupees ten thousand) each with two sureties of the

                    like amount each to the satisfaction of the learned court

                    concerned, Jamui, in connection with Chandramandi P.S. Case

                    No. 24/2026 subject to the conditions as laid down under

                    Section 482(2) of the Bharitya Nagrik Suraksha Sanhita

                    (B.N.S.S.)

                                 9. This application stands allowed.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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