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Patna High Court

Sumit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond, sureties and statutory conditions.

Summary

The petitioner, Sumit Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 25(1‑B)a, 26, 27 and 35 of the Arms Act, where the FIR alleged that he and a group of persons assaulted an informant’s mother and villagers. Counsel argued that the FIR contains only general and omnibus allegations, no injury was caused, and the petitioner is merely an acquaintance of the real dispute‑holder, Rahul Choudhary, with no specific charge against him. The State opposed the bail on the basis of the FIR allegations. Considering the lack of specific allegations, the petitioner’s clean record and his undertaking to cooperate, the Court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, a four‑week surrender period, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail can be granted when the FIR contains only general and omnibus allegations under the Arms Act
  • Whether the petitioner’s lack of specific charge and clean criminal record justify bail
  • Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNSS, 2023 in granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • general allegations
  • clean criminal record
  • Section 438 Cr.P.C.
  • Section 482 BNSS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7593 of 2026
                     Arising Out of PS. Case No.-92 Year-2024 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Sumit Kumar S/o- Vinay Chaudhary Resident of village- Shahpur PS-
                 Bibhutipur Dist- Samastipur
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raja Ram Mishra, Advocate
                 For the Opposite Party/s :        Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   04-02-2026                    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 25(1-B)a,

                   26, 27 and 35 of the Arms Act.

                                3. The allegation in the First Information Report is

                   that the accused persons including the petitioner along with 10-

                   15 persons came variously armed and assaulted the informant's

                   mother and his villagers.

                                4. Learned counsel for the petitioner submits that

                   there are general and omnibus allegations against the accused

                   persons including the present petitioner and there is no injury

                   suffered by anyone in course of the incident. It has also been

                   submitted that the main dispute is with one Rahul Choudhary

                   with whom earlier also incident of assault had taken place and it

                   is only on account of the fact that the petitioner is the
            Patna High Court CR. MISC. No.7593 of 2026(2) dt.04-02-2026
                                                        2/2




                      acquaintance of the said Rahul Choudhary, he has also been

                      made an accused, however, no specific allegation has been

                      levelled against him.

                                   5. Learned APP for the State opposed the prayer for

                      anticipatory bail on the basis of allegations made in the First

                      Information Report.

                                   6.    Taking      into     consideration   the     facts   and

                      circumstances and considering the geneal and omnibus nature of

                      allegations as against the petitioner, coupled with the fact that he

                      has no criminal antecedent and he undertakes to co-operate in

                      the investigation/trial, let the above named petitioner, be

                      released on bail, in the event of his arrest or surrender before the

                      learned Court below within a period of four weeks from today,

                      on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Court below where the case is pending/successor

                      Court in connection with Ujiyarpur P.S. Case No. 92 of 2024,

                      subject to the condition as laid down under Section 438 (2) of

                      the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023.


                                                              (Soni Shrivastava, J)
anand/-
U       T


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