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Patna High Court

Shubham Kumar @ Subham JaiswalversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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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