Patna High Court
Raja Kumar @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Raja Kumar, was named in an FIR for allegedly assaulting police during a raid on illicit liquor, charged under several sections of the Bhartiya Nyay Sanhita, 2023 and the Bihar Prohibition and Excise Act. He sought anticipatory bail, arguing that the allegation of "deterring police" was vague, omnibus, and based solely on a chowkidar’s information, with no specific material linking him to the offence. The petitioner also highlighted his clean antecedent and that he refused to sign a seizure memo as an independent witness. The State opposed the bail. The Court held that the accusation was indeed general, the petitioner had no prior record, and therefore granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the general and omnibus nature of the allegations against him
- Whether the lack of specific connecting material and the petitioner’s clean antecedent justify the grant of anticipatory bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 132, 190, 191(2), 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- general allegation
- omnibus charge
- clean antecedent
- police raid
- illicit liquor
- Bhartiya Nyay Sanhita
- Bihar Prohibition Act
- Section 438 CrPC
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41821 of 2026
Arising Out of PS. Case No.-321 Year-2026 Thana- MAJHAULIA District- West Champaran
======================================================
Raja Kumar @ Sanjay Kumar S/O Kedar Sah Resident of Vill- Amawaman
Bazar, Dhangar Toli, Ward No-07, P.S.-Majhauliya, Dist- West Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Majhauliya P.S. Case
No. 321 of 2026 registered for the offences punishable under
Sections 132, 191(2), 190, 126(2), 115(2) & 3(5) of the Bhartiya
Nyay Sanhita, 2023 (in short, the ‘B.N.S.’) and section 30(a) of
the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to enter into
alleged scuffle with police raiding team arrived at the place of
occurrence in connection with search of illicit liquor and, as
such, deterred them to discharge from official duties.
4. Learned counsel appearing on behalf of the petitioner
submitted that allegation against the petitioner as to deter the
Patna High Court CR. MISC. No.41821 of 2026(2) dt.01-07-2026
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police officials to discharge their official duty, is appearing very
much general and omnibus in nature as admittedly the same
allegation is available against 10-12 unknown persons.
5. It is submitted that petitioner implicated on the basis
of information supplied by local chowkidar without having any
connecting materials. It is urged that petitioner is also one of the
shopkeeper of the locality and as he refused to sign the seizure
memo in the capacity of independent witness, on the request of
police personnel, he was implicated with present crime in
question. Petitioner claimed clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. In view of the aforesaid factual submissions and by
taking note of the fact as allegation against petitioner is
appearing very much general and omnibus in nature to deter the
police officials as to discharge their official duty during the
alleged occurrence, accordingly, above-named petitioner, who is
a man of clean antecedent, in the event of his arrest/surrender
within a period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten
thousand only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise Court
Patna High Court CR. MISC. No.41821 of 2026(2) dt.01-07-2026
3/3
-II, Bettiah, West Champaran/concerned court in connection
with Majhauliya P.S. Case No. 321 of 2026, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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