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Patna High Court

Sapat KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.9052 of 2026(3) dt.22-04-2026
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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
          Patna High Court CR. MISC. No.9052 of 2026(3) dt.22-04-2026
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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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