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Patna High Court

Vinay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) of the CrPC.

Summary

The petitioners, Vinay Kumar and Sanjit Kumar, sought anticipatory bail fearing arrest in connection with FIR No.142/2022 relating to a protest against the Agniveer Scheme that involved rioting, arson, and looting. They were not originally named in the FIR; their names were later added based on a co-accused's confessional statement. The petitioners argued they have clean antecedents and that similarly situated co‑accused have already been granted anticipatory bail by this Court. The State opposed the relief, contending the seriousness of the offences. Considering the clean record, the precedent of bail to co‑accused, and the lack of specific allegations against the petitioners, the Court granted anticipatory bail under Section 438(2) of the CrPC, subject to a bail bond of Rs.10,000 each and several conditions regarding cooperation, presence, and non‑tampering with evidence.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC despite the serious nature of the offences alleged in the FIR.
  • Whether the clean antecedent of the petitioners and the grant of anticipatory bail to similarly situated co‑accused justify the relief.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • clean antecedent
  • protest
  • Indian Penal Code offences
  • bail conditions
  • court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43428 of 2026
                     Arising Out of PS. Case No.-142 Year-2022 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
           1.     Vinay Kumar Son of Ramawdesh @ Boudhi
           2.    Sanjit Kumar @ Sanjeet Kumar Son of Baidhyanath Rai
                 Both are Resident of Village - Tetarpur, P.S.- Mohiuddinnagar, District -
                 Samastipur.

                                                                                ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Krishna Kant Singh, Advocate
                                          :        Mr.Binay Kumar, Advocate
                 For the Opposite Party/s :        Mr.Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   09-07-2026                   Heard        Mr.Krishna Kant Singh, learned counsel for

                   the petitioners and Mr.Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                                 2. The petitioners are apprehending their arrest in

                   connection with Mohiuddinagar P.S.Case No.142 of 2022, FIR

                   dated 17.06.2022 registered for the offences punishable under

                   Sections147/149/341/342/323/324/307/353/332/333/337/338/42

                   7/436/188/379/380/506 and 34 of Indian Penal Code.

                                 3. According to prosecution case, 13 FIR named

                   accused persons along with 200 unknown persons protested the

                   Agniveer Scheme by creating ruckus on Mohiuddin Nagar

                   Railway Station. It is also alleged that the accused persons set
Patna High Court CR. MISC. No.43428 of 2026(2) dt.09-07-2026
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          fire in Lohit express train and also looted good and articles of

          the passengers.

                       4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent. Petitioners are not named in

          the FIR. The name of the petitioners has been transpired during

          investigation on the basis of the confessional statement of co-

          accused person, namely, Vivek Rai which was recorded in

          paragraph-41 of the case diary. As per allegation in the FIR,

          altogether 200 persons protested the Agniveer Scheme by

          creating ruckus on Mohiuddin Nagar Railway Station. Learned

          counsel for the petitioners submits that there is no specific

          allegation against the petitioners rather there is general and

          omnibus       allegation      against     200        persons   including   the

          petitioners. Initially the petitioners were not named in the FIR.

          Further submits that similarly situated co-accused persons

          namely Chikku @ Chikku Kumar @ Sushil Yadav has been

          granted privilege of anticipatory bail by this Court vide order

          dated 18.01.2024 in passed Cr. Misc No. 84440 of 2023 and

          another co-accused persons namely Anant Kumar @ Ankit

          Kumar and Pintu Kumar Ray have been granted privilege of

          anticipatory bail by different Co-ordinate Benches of this

          Hon’ble Court vide order dated 20.03.2023 passed in Cr. Misc
Patna High Court CR. MISC. No.43428 of 2026(2) dt.09-07-2026
                                            3/4




          No. 66374 of 2022 and 06.09.2023 passed in Cr. Misc No.

          45854 of 2023 and co-accused person, namely, Navin Kumar @

          Sabnam Singh has also been granted privilege of anticipatory

          bail by this Court vide order dated 28.02.2025 passed in Cr.

          Misc No. 13827 of 2025 respectively.

                       5. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for anticipatory bail of the

          petitioners.

                       6. Considering the aforesaid facts, petitioners have

          clean antecedent and similarly situated co-accused persons have

          been granted privilege of anticipatory bail by this Court or by

          different Coordinate Benches of this Hon’ble Court, let the

          petitioners, above named, in the event of their 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)each with two

          sureties of the like amount each to the satisfaction of learned

          A.C.J.M.-IV, Samastipur in connection with Mohiuddinagar

          P.S.Case No.142 of 2022, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure and

          with other following conditions:-

                       (I) Petitioners shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.43428 of 2026(2) dt.09-07-2026
                                                           4/4




                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on their absence on two consecutive dates without sufficient

                         reason, their bail bonds shall be cancelled by the Court below.

                                      (II) If the petitioners tamper 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 petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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