Patna High Court
Sapat KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that anticipatory bail should be granted to the petitioner as there is no specific allegation against him and he has no criminal antecedent, subject to statutory conditions.
Summary
The petitioner, Sapat Kumar, feared arrest in a case (Muffasil Motihari P.S. Case No.34 of 2021) involving alleged mob violence and multiple offences under the IPC and the Bhartiya Nagarik Suraksha Sanhita. The FIR described a raid on a suspect’s house that escalated into a clash with 40‑50 villagers, during which several individuals, including the petitioner, were identified as part of the mob. The petitioner argued that he had no specific allegation against him, possessed no criminal antecedent, and was merely a member of the crowd. The State opposed the grant of anticipatory bail, contending the investigation was ongoing. The Court examined the lack of direct charges against the petitioner, his clean record, and the continued risk of arrest, and consequently decided to grant anticipatory bail subject to conditions under Section 482(2) of the BNS. The bail order required the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to cooperate with the investigation, while allowing for cancellation if a concealed criminal antecedent were discovered.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being named as a member of the mob in the FIR
- Whether the absence of a specific allegation and lack of criminal antecedent justify the grant of anticipatory bail
- Whether the conditions imposed under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita are appropriate
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 109, 115(2), 122, 126, 127(2), 132, 190, 191(2), 191(3), 212, 352, 352(4), 482(2)
- Indian Penal Code — s. 147, 149, 307, 323, 332, 333, 341, 342, 353, 504, 506
Subjects
- anticipatory bail
- mob violence
- criminal antecedent
- Section 482
- Indian Penal Code
- Bhartiya Nagarik Suraksha Sanhita
- FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9052 of 2026
Arising Out of PS. Case No.-34 Year-2021 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Sapat Kumar Son of Bharat Paswan Resident Of Village- Chandrahiya Ward
No.41 , P.S- Muffasil, Motihari, Distroct- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidhyanath Thakur, Adv.
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Muffasil Motihari P.S. Case No.34 of 2021 registered for
the offence under Sections 147, 149, 341, 342, 323, 332, 333,
307, 353, 504 and 506 of the Indian Penal Code (Sections
191(2)/(3), 190, 126, 127(2), 115(2), 212, 122, 132, 109, 352
and 352(4) of BNS, 2023).
3. As per prosecution case, on 17.01.2021 informant
received a secret information that Sonu Mahato, the named
accused in Mufussil P.S. Case No. 448/2020, has come to his
house situated in village Chandrahiyan. Informant along with
other police personnel conducted raid at the house of Sonu
Mahato at around 20:10 hours and arrested him. In the
Patna High Court CR. MISC. No.9052 of 2026(3) dt.22-04-2026
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meantime, 40-50 local villagers armed with sticks and Danda
surrounded the police force and were ready to abuse and assault
them. When the informant was trying to pacify the angry
villagers, they started pelting stones. Somehow, he saved
himself and the lives of the armed forces by reaching the police
vehicle and protecting the arrested accused from the miscreants.
In the same sequence, local Chowkidar Anil Sah fell on the road
and the miscreants assaulted him with sticks. Police again
reached the road with the armed force and with the help of the
armed force, the injured/Chowkidar Anil Sah was lifted and
brought on the police vehicle. The injured Chowkidar identified
the attackers and miscreants as Chhotan Mahato, Vikas Mahato,
Bharat Paswan, four sons of Bharat Paswan, Shivratan Sahani,
Krishna Mahato, Surendra Mahato, Kanhaiya Prasad,
Manmohan Prasad Chouhan, Niraj Chouhan, Tapeshwar Sahani
and 30-40 miscreants were unidentified. The Chowkidar Anil
Sah was admitted in a private hospital, where the doctor stated
that his left leg got fractured and he needed an operation. It is
further alleged that in the year 2019, in village Chandrahiyan,
unruly villagers had created a serious riot and protested against
the administration for which Mufussil P.S. Case No. 284/2019
was registered. Accordingly, the FIR.
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4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. Learned counsel for the
petitioner further submits that there is no direct specific
allegation against the petitioner, petitioner is only member of the
mob. Learned counsel for the petitioner next submits that the
petitioner also does not have any criminal antecedent.
5. The learned APP opposes the anticipatory bail
application.
6. From perusal of the FIR, it appears that there is no
direct specific allegation against the petitioner, he is only
alleged to be a member of the mob. The petitioner also does not
have any criminal antecedent. Although the FIR is of the year
2021, but as per the impugned order the investigation is still
under progress, and therefore, the apprehension of arrest
continues. Under these circumstance, this Court is inclined to
grant privilege of anticipatory bail to the petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
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amount each to the satisfaction of the learned Sessions Judge,
East Champaran at Motihari in connection with Muffasil
Motihari P.S. Case No.34 of 2021 subject to the conditions laid
down under Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with following conditions:
(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)
Prakash Narayan
U T
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