Patna High Court
Vishal Kumar @ Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed anticipatory bail to the petitioner.
Summary
The petitioner, Vishal Kumar, was alleged to have participated in a mob protest against the Agnipath Scheme, during which vehicles were damaged and police injured, leading to charges under numerous IPC sections and the Damage of Public Property Act. He contended that he was not named in the FIR and was only identified through co-accused confessions, asserting that no specific overt act was attributed to him and that he has a clean antecedent. The State opposed his request for anticipatory bail. The High Court, noting the general and omnibus nature of the accusations, the petitioner’s clean record, and the bail granted to similarly situated co‑accused, allowed anticipatory bail subject to a bail bond of Rs 10,000, two sureties, and a condition under Section 482(2) of the CrPC. The order directs that if arrested within eight weeks, the petitioner be released on bail.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not specifically named in the FIR and the allegations are general.
- Whether the petitioner’s clean antecedent and parity with co‑accused who have been granted bail justify anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for enlarging bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 120B, 147, 148, 149, 307, 323, 332, 333, 337, 338, 341, 353, 427, 506
Subjects
- anticipatory bail
- mob protest
- Agnipath Scheme
- Indian Penal Code
- Damage of Public Property Act
- clean antecedent
- parity
- Section 482
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75171 of 2025
Arising Out of PS. Case No.-168 Year-2022 Thana- KHAGAUL District- Patna
======================================================
Vishal Kumar @ Kundan Kumar S/o- Awdhesh Ray R/v- Mahinawa Tola Ps-
Maner Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vidyapati , Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends their arrest in a case
registered for the offence punishable under Sections 147, 148,
149, 341, 323, 332, 333, 353, 427, 307, 120B, 337, 338 and 506
of Indian Penal Code and Sections 3 and 4 of Damage of Public
Property Act.
3. The prosecution case in brief, is that petitioner was
member of mob who along with other co-accused persons were
protesting against the Agnipath Scheme of the Government. It
further alleged that after sometime, the protesters became
aggressive and started damaging the vehicles present there and
vandalized the police vehicles and set most of the private
vehicles on fire. It is further alleged that protesters also threw
Patna High Court CR. MISC. No.75171 of 2025(2) dt.05-02-2026
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bricks and stones on the police force due to which some of the
the police personnel sustained severe injuries.
4. It is submitted on behalf of the petitioner that
petitioner is not named in the F.I.R. The name of the petitioner
transpired during course of investigation on the basis of
confessional statement of other co-accused persons. Allegation
is general and omnibus and no specific accusation of overt act
has been alleged against this petitioner. Similarly situated co-
accused persons have already been granted bail by this Hon’ble
Court vide order dated 08.10.2025 in Cr. Misc. No. 70375 of
2025. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.75171 of 2025(2) dt.05-02-2026
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each to the satisfaction of learned A.C.J.M.-V, Danapur, Patna in
connection with Khagaul P.S. Case No. 168 of 2022 , subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
Koushik/-
U T
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