Patna High Court
Mohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Mohit Kumar, was apprehended of arrest in a case alleging that he and others, armed with weapons, fired upon a yajna, injuring the informant's son and nephew. He claimed innocence, arguing that no specific allegation of assault was made against him and that the injuries were minor. The State opposed his anticipatory bail. The Court noted that co‑accused had already been granted anticipatory bail and that the injuries were simple, and therefore granted anticipatory bail to the petitioner subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including a bail bond and sureties, cooperation with investigation, and verification of his criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482(2) BNS, 2023 given the nature of the alleged offences.
- Whether the simplicity of the injuries sustained by the victims warrants bail.
- Whether the granting of anticipatory bail to co‑accused influences the decision on the petitioner’s bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115, 126(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- injury
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88122 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- PACHMAHLA District- Patna
======================================================
Mohit Kumar S/O Ramanuj Prasad Singh R/O village- Barahiya, P.S-
Barahiya, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bablu Kumar
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Sections 126(2), 115, 109(1),
352, 351(2) and 3(5) of BNS, 2023 and Section 27 of Arms Act.
3. Prosecution story in brief is that on 14.07.2025, he
petitioner along with other accused persons armed with
weapons, arrived at the place where the yagya was being
perfomred. It is alleged that the accused persons including the
petitioner abused the son and nephew of informant and fired
upon them with intention to kill. It is further alleged that the
son of informant has sustained an injury on his hand and his
nephew sustained an injury below his right eye.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.88122 of 2025(3) dt.24-02-2026
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petitioner is innocent and has falsely been implicated in the
present case. He further submits that there is no specific
allegation against the petitioner of assault and the petitioner has
three criminal antecedent, as statement made in para 3 of the
bail application. Learned counsel for the petitioner further
submits that the injury sustained by the informant is simple in
nature.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and particularly taking notices of the fact that co-
accused, Prashant Kumar and Om Raj Kumar @ Om Raj have
already been granted anticipatory bail vide order dated
28.11.2025 passed in Cr. Misc. No.79261 of 2025 and vide
order dated 12.01.2026 passed in Cr. Misc. No.87538 of 2025
respectively, further taking note of the fact that the injury
sustained by the informant is simple in nature, I am inclined to
grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.88122 of 2025(3) dt.24-02-2026
3/3
satisfaction of the learned Chief Judicial Magistrate, Barh, in
connection with Panchmahala P.S. Case No. 57 of 2025,
subject to the conditions laid down under section 438(2) of the
Code of Criminal Procedure/Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and subject to further condition
that :-
(i) the petitioner shall co-operate in the investigation/
trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
sanjeev/-
U T
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