Patna High Court
Mukund Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that, in the absence of specific allegations of an overt act against the petitioner and given his clean antecedent, anticipatory bail under Section 438 CrPC may be granted subject to the stipulated conditions.
Summary
Mukund Kumar Jha sought anticipatory bail after the FIR alleged that a large mob, including him, surrounded a police station, destroyed documents, set fire, and assaulted police officers, injuring a lady constable. The petitioner argued that the FIR made only a general, omnibus allegation of assault without specifying any overt act by him, and that identification was based solely on alleged video footage, while he maintained a clean antecedent. The State opposed the bail, contending the seriousness of the offences listed under numerous IPC sections. The Court examined the lack of specific incriminating material against the petitioner and noted that similarly situated co‑accused had already been granted bail. Consequently, the Court ordered anticipatory bail, requiring a bail bond of Rs 10,000 with two sureties and imposing conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S., to be effected within eight weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in the present case.
- Whether the FIR contains a specific overt act attributable to the petitioner.
- Whether identification of the petitioner solely on the basis of alleged video footage suffices for arrest.
- Whether the bail conditions imposed are appropriate and lawful.
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- FIR
- identification by video
- clean antecedent
- bail conditions
- Indian Penal Code offences
- police assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35412 of 2026
Arising Out of PS. Case No.-130 Year-2024 Thana- BIRAUL District- Darbhanga
======================================================
Mukund Kumar Jha S/O Govind Jha @ Govind Sharan Jha R/o Village- Hati,
P.S.- Biroul, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr Abdus Shakoor, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in a case registered
for offence under Sections 147, 148, 149, 120(B), 186, 188, 341,
342, 323, 324, 325, 332, 333, 353, 307, 337, 354B, 504 & 506
of the Indian Penal Code.
3. As per prosecution case, all the F.I.R. named
accused persons including this petitioner and 200-250 unknown
persons are alleged to have surrounded the campus of police
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station, entered the police station, destroyed the papers and also
set them on fire. During demonstration, they also attacked the
police party and caused injury to the lady police and thereby
caused hindrance in discharge of their official duties.
4. Learned counsel for the petitioner submits that as
per F.I.R. itself, the allegation of assault is general and omnibus
and no specific overt act has been alleged against this petitioner.
The local chowkidar has identified petitioner and others on the
basis of alleged video footage. Save & except this, there is no
other material against this petitioner. Petitioner claims clean
antecedent. Similarly situated co-accused persons have already
granted bail by this Court vide order dated 11.03.2026 in Cr.
Misc. No. 76000 of 2025.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M., Biraul, District Darbhanga in
connection with Biraul P.S. Case No. 130 of 2024, subject to
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condition as laid down under Section 438(2) of the Cr.P.C. /
Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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