Patna High Court
Mohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioner, Mohit Kumar, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita arising from a communal ruckus during the immersion of a Lord Ganesha idol. The incident involved stone‑pelting between members of two communities, and the petitioner was identified from video footage and local testimony, which he claims is a false implication. He asserted a clean antecedent and argued that the allegations were vague and omnibus. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNSS, subject to further conditions. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in view of the alleged offences.
- Whether the allegations against the petitioner are sufficient to deny anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 125(A), 125(B), 126(2), 190, 191(2), 196, 223, 299, 482(2)
Subjects
- anticipatory bail
- false implication
- communal disturbance
- Bharatiya Nyaya Sanhita
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4553 of 2026
Arising Out of PS. Case No.-485 Year-2025 Thana- JAMUI District- Jamui
======================================================
Mohit Kumar Son of Pankaj Singh @ Late Vimal Singh R/o Village -
Nimrang, P.S. - Jamui, Dist. - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanju Singh
For the Opposite Party/s : Mr.Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 191(2), 190, 126(2),
115(2), 223, 196, 299, 125(A), 125(B) and 109 of the Bharatiya
Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant alleges
that during immersion of Lord Ganesha, member of two communities
created ruckus and even pelted stones against each other on account
of which law and order situation had arisen and after great difficulties
the idol was immersed and the accused persons were identified based
on the video footage and by the local people.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.4553 of 2026(2) dt.29-04-2026
2/2
informant. It is next submitted that from perusal of the allegations as
alleged in the FIR, it would manifest that it would manifest that
allegation of creating ruckus and assaulting is general and omnibus in
nature. It is further submitted that petitioner resides nearby the place
of occurrence and thus on hearing ruckus came to the place of
occurrence and might have been videographed but then it is reiterated
and submitted that petitioner is not a criminal and is a person with
clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event of
his arrest or surrender within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of the learned trial court where the case is
pending/successor court in connection with Jamui P.S. Case No. 485
of 2025, subject to the conditions as laid down under Section 482 (2)
of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…