Patna High Court
Jyotin MitraversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The petitioner does not deserve anticipatory bail and the application is rejected.
Summary
The petitioner, Jyotin Mitra, applied for anticipatory bail fearing arrest in a case (PS Kotwali No.382 of 2025) involving offences under Sections 191(2), 190, 126(2), 115(2), 109, 74 and 352 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that individuals shouting ‘Jai Shri Ram’ attempted to molest a victim of a different religion, indicating communal tension. The court examined the nature and gravity of the alleged offences and concluded that the petitioner did not merit the privilege of anticipatory bail. Consequently, the anticipatory bail application was rejected. The petitioner was ordered to surrender within two weeks and seek regular bail, failing which the police were directed to arrest him.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case involving offences under Sections 191(2), 190, 126(2), 115(2), 109, 74 and 352 of the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 352, 74
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- communal violence
- bail
- criminal procedure
- sections 191
- section 190
- section 126
- section 115
- section 109
- section 74
- section 352
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88722 of 2025
Arising Out of PS. Case No.-382 Year-2025 Thana- GAYA KOTWALI District- Gaya
======================================================
Jyotin Mitra S/o Late Ramu Mitra Reident of Ramsagar Road Mangalagauri,
P.S.- Vishnupad, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar
For the Opposite Party/s : Mr.Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehend arrest in connection with
Kotwali P.S. Case No. 382 of 2025 registered for offences under
Sections 191(2), 190, 126(2), 115(2), 109, 74, 352 of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, some persons shouting
Jai Shri Ram have tried to molest the victim who belongs to a
different religion.
4. Considering the nature and gravity of offence, this
court is of the considered opinion that petitioner does not
deserve the privilege of anticipatory bail in the present case.
5. Accordingly, the application for anticipatory bail
stands rejected.
Patna High Court CR. MISC. No.88722 of 2025(2) dt.15-01-2026
2/2
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Senior Superintendent of
Police, Gaya will take all steps for the arrest of the petitioner.
7. Let a copy of this order be communicated to the
Senior Superintendent of Police, Gaya through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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