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Patna High Court

Jyotin MitraversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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