Patna High Court
Praveen Kumar @ Pravin YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to bond, sureties, and conditions, including verification of his criminal antecedent.
Summary
Petitioner Praveen Kumar sought anticipatory bail in connection with a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita and the Arms Act, arising from a communal disturbance allegedly linked to a land dispute. The prosecution alleged that the petitioner was part of a group that created obstacles on a roadway, abused police, and attempted to incite religious violence, with arms recovered from a related house. The petitioner contended innocence, claiming false implication due to the land dispute and noting no specific allegation against him, while acknowledging three prior criminal antecedents. The State opposed the bail, but the court noted that other co‑accused had already been granted anticipatory bail and that the FIR did not specifically attribute a role to the petitioner. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail subject to a bond, sureties, cooperation with investigation, and verification of the petitioner’s criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious charges and alleged criminal antecedent.
Legislation cited
- Arms Act — s. 27, 30
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 126(2), 132, 190, 191(2), 193(3), 196, 285, 482(2)
Subjects
- anticipatory bail
- communal violence
- land dispute
- arms seizure
- criminal antecedent
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9025 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- Safiyasarai District- Munger
======================================================
Praveen Kumar @ Pravin Yadav Son of Dashrath Yadav Resident of Village-
Prem Tola Farda, P.S.- Safiasarai, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Kumar Mishra, Adv
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Safiasarai P.S. Case No. 81 of 2025, registered for the
offence punishable under Sections 191(2), 193(3), 190, 126(2),
115(2), 132, 196, 109(1) and 285 of B.N.S. Act and 30/27 of
Arms Act.
3. The case of the prosecution, in short, as per the
informant is that on 27.09.2025 at about 12:05 PM, informant
got a secret information that near petrol pump, some people are
gathered illegally. Their planning is of creating obstacle in
roadway and to disturb law and order. Accused persons are
abusing and beating the passengers, drivers and other public
who are going from that way. Accused persons are trying to
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disturb the communal harmony of society. As per information
Police team reached at that place and tried to make understand
the public but people at place of occurrence were not ready to
understand. The accused persons started abusing with police
team. They tried to outbreak the religious violence between the
two community. Then police took the action. To see the police
action accused started to flee away here and there. Some
incriminating articles were recovered and seized which are
mentioned in seizure list. Accordingly, the FIR was registered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. He
has falsely been implicated in the present case due to land
dispute. There is no specific allegation against the petitioner.
The recovery of arms is from the house of Jamal Mallik @
Bablu Mallik. He further submits that the petitioner has three
criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. From the perusal of the FIR, it appears that the
there is a land dispute relating to graveyard. People from both
the communities assembled and created difficult situation for
the police. Some of the accused persons were arrested while
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others managed to escape which includes the petitioner. Later,
house of Bablu Mallik was raided and arms recovered. Number
of people have been roped in but in the FIR, no specific role has
been attributed to the petitioner and co-accused Sittu Kumar,
Mannu Yadav and Pandav Kumar have already been granted
anticipatory bail vide order dated 17.02.2026 passed in CR.
Misc. No. 7108 of 2026. Considering all these aspects of the
matter, this Court is inclined to grant privilege of anticipatory
bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned C.J.M, Munger in
connection with Safiasarai P.S. Case No. 81 of 2025, subject to
the conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and subject to the 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
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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)
kiran/-
U T
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