Patna High Court
Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Arms Act — s. 25(1‑B)a, 26, 27, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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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