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Patna High Court

Sumit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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