Patna High Court
Sanjoo Kumar @ Sanjoo ShooterversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, finding the allegations against him to be general and noting the earlier grant of bail to a similarly situated co‑accused.
Summary
The petitioner, Sanjoo Kumar, applied for anticipatory bail in connection with FIR No.773 of 2025 alleging offences under Sections 191, 191(3), 190, 352 and 109(1) of the Bharatiya Nyaya Sanhita, 2023. He contended that the FIR only makes a vague, omnibus allegation against him without specifying any overt act, unlike the detailed accusations against co‑accused Aditya Kumar and Vishal Singh. The petitioner also pointed out that a similarly situated co‑accused had been granted anticipatory bail in a prior order (Cr. Misc. No.81476 of 2025). The State opposed the bail, asserting that the petitioner was a participant in the assault. The Court, noting the lack of specific allegations and the precedent of bail to a co‑accused, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the FIR contains only general, omnibus allegations against the petitioner.
- Whether the precedent of granting anticipatory bail to a similarly situated co‑accused warrants the same relief for the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 190, 191, 191(3), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- general allegation
- omnibus accusation
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3627 of 2026
Arising Out of PS. Case No.-773 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Sanjoo Kumar @ Sanjoo Shooter S/o Vidhanchal Raut Resident of Village-
Beli Saray, Ward No. 29, P.S.- Motihari Town, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Rathore @ Kundan Kumar, Advocate
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Town P.S. Case No.773 of 2025, F.I.R dated
10.08.2025 registered for the offences punishable under
Sections 191, 191(3), 190, 352 and 109(1) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the fardbeyan of the informant, while he and
his friends were present at Banarasi Tea Shop, all the F.I.R.-
named accused persons including this petitioner arrived at the
spot and assaulted them. It is alleged that accused Aditya Kumar
inflicted a knife injury on the informant’s right hand and co-
accused Vishal Singh inflicted a knife blow on the back of his
Patna High Court CR. MISC. No.3627 of 2026(2) dt.28-01-2026
2/4
head. On hearing the alarm, local people arrived and rescued the
informant, leading to the registration of this F.I.R.
4. Learned counsel for the petitioner submits that from
the contents of the F.I.R., it would be evident that except for
alleging the petitioner to be one of the participants in the crime,
there is no accusation of any specific overt act against him,
whereas specific and active roles are attributed to the co-
accused Aditya Kumar and Vishal Singh. The reason behind
false implication is the previous criminal antecedent of this
petitioner and it is submitted that he is on bail in the said case. It
has further been submitted that similarly situated co-accused
person has been granted the privilege of anticipatory bail by a
Co-ordinate Bench of this Court vide order dated 10.12.2025
passed in Cr. Misc. No.81476 of 2025.
5. Learned APP for the State opposes the prayer for
anticipatory bail application and submits that the petitioner was
found to be one of the participant in the said offence.
6. Considering the aforesaid facts and circumstances
that the nature of accusation does not show any direct allegation
against the petitioner and the allegations against this petitioner
are general and omnibus in nature and similarly situated co-
accused person has been granted the privilege of anticipatory
Patna High Court CR. MISC. No.3627 of 2026(2) dt.28-01-2026
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bail vide order dated 10.12.2025 passed in Cr. Misc. No.81476
of 2025. Accordingly, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., East Champaran, Motihari, in
connection with Town P.S. Case No.773 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.3627 of 2026(2) dt.28-01-2026
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
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