Patna High Court
Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to conditions, as the FIR does not contain specific allegations against him and he has a clean antecedent.
Summary
The petitioner, Sumit Kumar, was named in an FIR relating to alleged attempts to demolish a fire brigade vehicle and assault police personnel, with charges under multiple sections of the Bharatiya Nyay Sanhita, 2023. He contended that he was falsely implicated, had a clean antecedent, and was not present at the scene, noting that the FIR listed 200 unknown persons and only 51 were identified via CCTV. The prosecution opposed bail, arguing the seriousness of the offences. The court examined the lack of specific allegation against the petitioner and his clean record, and applied Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The order directed the lower court to release the petitioner if arrested within thirty days, subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyay Sanhita, 2023.
- Whether the FIR contains specific allegations sufficient to deny bail to the petitioner.
- Whether Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita permit bail in the present circumstances.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 121(1), 121(2), 132, 190, 191(1), 191(2), 326(G), 351(2), 351(3), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- false implication
- FIR
- Bharatiya Nyay Sanhita
- Code of Criminal Procedure
- Bhartiya Nagarik Suraksha Sanhita
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4156 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Sumit Kumar S/O Ranjan Sharma Resident of Vill.- Beldour, P.S.- Beldour,
Dist.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Sinha No. 1, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Amrendra Kumar Sinha No. 1, learned
counsel for the petitioner and Mr. Ram Anurag Singh, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Beldour P.S. Case No. 312of 2025, F.I.R. dated
20.10.2025 for the offences punishable under Sections 191(1),
191(2), 190, 115(2), 109, 121(2), 121(1), 132, 326(G), 352,
351(2) and 351(3) of Bharatiya Nyay Sanhita, 2023.
3. Allegation against the petitioner is that he along
with other co- accused persons tried to demolish the fire brigade
vehicle and also attacked the police personnel.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.4156 of 2026(2) dt.06-02-2026
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allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the
F.I.R. It appears from the FIR that FIR is instituted against 200
unknown persons and out of which the police identified 51
persons through CCTV footage and the petitioner is named in
the FIR but there is no specific allegation against him. Infact the
petitioner was not present at the place of occurrence.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that the petitioner has clean antecedent there is no
specific allegation against him and FIR is instituted against 200
unknown persons including the petitioner, let the petitioner,
above named, in the event of 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 Judicial Magistrate, 1 st
Class-cum-A.M. Khagariya in connection with Beldour P.S.
Case No. 312of 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
Patna High Court CR. MISC. No.4156 of 2026(2) dt.06-02-2026
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with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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