Patna High Court
Suraj Sah @ Suraj Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court dismissed the anticipatory bail for Ashok Kumar as infructuous and granted bail to Suraj Sah and Satish Sah subject to statutory conditions.
Summary
The petitioners Suraj Sah, Satish Sah and Ashok Kumar Yadav were named in an FIR under multiple sections of the Bhartiya Nyaya Sanhita, 2023 for allegedly pelting stones at police personnel during a Sarswati Puja immersion procession, causing injuries. Ashok Kumar, who was arrested while his anticipatory bail petition was pending, withdrew his request, leading the court to dismiss his anticipatory bail as infructuous. The petitioners argued that the FIR was based on vague, omnibus allegations and that they were identified only through a local watchman's information and unauthenticated videos. The State opposed bail, citing the seriousness of the offences. The court held that, given the general nature of the allegations, Suraj and Satish could be released on bail upon surrender within four weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS. Consequently, bail was granted to the two petitioners, while the anticipatory bail for the third was dismissed.
Issues considered
- Whether the anticipatory bail petition of Ashok Kumar Yadav becomes infructuous upon his arrest.
- Whether the petitioners Suraj Sah and Satish Sah are entitled to bail despite the general and omnibus nature of the allegations in the FIR.
- Whether bail can be granted subject to the conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nyaya Sanhita.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 125(a), 125(b), 126(2), 132, 190, 191(2), 351(2), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- bail
- stone pelting
- police assault
- Bhartiya Nyaya Sanhita
- CrPC
- general allegations
- omnibus FIR
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38017 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- CHANDRAMANDI District- Jamui
======================================================
1. Suraj Sah @ Suraj Kumar Sah, Son of Raju Sah Resident of Village-
Chandramandih, P.S.- Chandramandih, District- Jamui.
2. Satish Sah @ Satish Kumar Sah Son of Mahendra Sah Resident of Village-
Chandramandih, P.S.- Chandramandih, District- Jamui.
3. Ashok Kumar @ Ashok Kumar Yadav, Son of Chito Yadav Resident of
Village- Chandramandih, P.S.- Chandramandih, District- Jamui.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-06-2026 At the outset, it is pointed out by learned counsel
that he be permitted to withdraw the prayer of anticipatory
bail of petitioner no.3 namely, Ashok Kumar @ Ashok Kumar
Yadav, as he was arrested during pendency of present bail
petition and now therefore, same become infructuous qua
petitioner no.3.
2. Considering the aforesaid, the prayer of
anticipatory bail of petitioner no.3 namely, Ashok Kumar @
Ashok Kumar Yadav stands dismissed being infructuous in
view of aforesaid submission.
3. Now, this petition survives only against
Patna High Court CR. MISC. No.38017 of 2026(2) dt.09-06-2026
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petitioner no.1 Suraj Sah @ Suraj Kumar Sah and petitioner
no.2, Satish Sah @ Satish Kumar Sah.
4. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with
Chandramandih P.S. Case No.24 of 2026 registered 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
Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).
5. Allegation against petitioners is of pelting
stones upon police party during immersion procession of
Sarswati Puja causing bodily injuries to the police personnel
and thus by deterred them to discharge their official duties.
6. It is submitted by learned counsel appearing for
petitioners that the FIR was lodged against 20 named and
20-30 unknown persons. It is submitted that petitioners are
named in FIR on the basis of the input given by the local
Choukidar and also on the basis of videos captured by
unknown persons. It is submitted that the allegation qua
pelting stones is appearing very much general and omnibus
against petitioners. Explaining criminal antecedent, it is
Patna High Court CR. MISC. No.38017 of 2026(2) dt.09-06-2026
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submitted that both petitioners found involved in one more
criminal case, which is of petty nature, where they are on
bail.
7. Learned APP opposed the prayer of bail.
8. In view of aforesaid factual submissions and by
taking note of fact as the allegation qua pelting stones is
very much general and omnibus in nature against both
petitioners, accordingly, petitioner no.1 Suraj Sah @ Suraj
Kumar Sah and petitioner no.2, Satish Sah @ Satish Kumar
Sah, in the event of their arrest or surrender in the court
below within a period of four weeks, are directed to be
released on 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 Chief Judicial
Magistrate, Jamui in connection with Chandramandih P.S.
Case No.24 of 2026, subject to the conditions as laid down
under Section 438(2) of the CrPC/under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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