Patna High Court
Shubham Kumar @ Subham JaiswalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted conditional anticipatory bail, directing release on bail if arrested or surrendered within six weeks, subject to bond and surety conditions.
Summary
Shubham Kumar, the owner of a DJ trolley, feared arrest in a case (Alamganj P.S. Case No.224 of 2025) filed under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bihar Control of the use and Play of Loud Speakers Act, 1955, alleging that objectionable statements were made during a Mahashivratri procession, causing communal tension. The prosecution’s informant alleged that persons in the procession hurled such statements, but the petitioner contended he was not present, did not make any statements, and was falsely implicated. He highlighted that the co‑accused, who had rented his DJ trolley, had already been granted anticipatory bail in a related matter. The State opposed the petition for anticipatory bail. Considering the lack of specific allegations against the petitioner, his clean antecedents, and his willingness to cooperate, the Court ordered that if he is arrested or surrenders within six weeks, he shall be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 196, 223, 292, 293, 299, 353, 482
Subjects
- anticipatory bail
- communal tension
- procession
- loudspeaker act
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80139 of 2025
Arising Out of PS. Case No.-224 Year-2025 Thana- ALAMGANJ District- Patna
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Shubham Kumar @ Subham Jaiswal S/o Sanjeet Kumar R/o Gayghat,
Dakshnigali, P.S- Alamganj, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajanan Mishra, Advocate.
For the Opposite Party/s : Ms. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Alamganj P.S. Case No.224 of 2025 instituted under
Sections 196, 299, 353, 292, 293 & 223 of the B.N.S., 2023 and
Section 9 of the Bihar Control of the use and Play of Loud
Speakers Act, 1955.
3. As per the prosecution case, the informant alleged
that during the procession (Sobha Yatra) taken out on the
occasion of Mahashivratri, some persons were hurling
objectionable statement resulting in communal tension.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this case
being the owner of Bass King Tiger D.J. Trolley. He further
submits that petitioner was not present on the spot and he has not
uttered any objectionable statement. Learned counsel submits that
Patna High Court CR. MISC. No.80139 of 2025(2) dt.06-01-2026
2/2
there is no specific allegation against the petitioner and the same
are general in nature. He further submits that the co-accused
Sagar Kumar who was licence holder for procession and took the
D.J. trolley of petitioner on rent was granted anticipatory bail by
the Co-ordinate Bench of this Court vide order dated 17.09.2025
passed in Cr. Misc. No.64169 of 2025. Learned counsel submits
that petitioner has got clean antecedent and he undertakes to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event of
arrest or surrender before the Court below within six weeks from
today, the petitioner be released on bail upon furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount to each to the satisfaction of the learned ACJM-
IV, Patna City in connection with Alamganj P.S. Case No.224 of
2025, subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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