Patna High Court
Sourav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Sourav Kumar, was named in an FIR (Hilsa PS Case No. 742 of 2025) for alleged offences under several sections of the Bihar Negotiable Substances Act and the Prevention of Damages to Public Property Act, 1984, arising from a fire incident at a scrap shop where the public allegedly attacked police and fire‑brigade personnel. The petitioner contended that he was merely trying to control the fire and had no criminal intent, offering to contribute Rs.5,000 to the Chief Minister’s Relief Fund. The State opposed the bail, arguing that the petitioner and others attempted to prevent officials from performing their duties. The Court, noting the petitioner’s clean record and his undertaking to appear in trial, granted anticipatory bail with a Rs.10,000 bond, two sureties, and several conditions including regular court appearances and a contribution to the relief fund. The order also stipulated cancellation of bail for non‑compliance or any attempt to tamper with evidence.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations under the B.N.S. and the Prevention of Damages to Public Property Act.
- Whether the petitioner poses a risk of influencing witnesses or tampering with evidence.
- Whether the petitioner’s clean criminal record and willingness to contribute to the relief fund justify the grant of bail.
Legislation cited
Subjects
- anticipatory bail
- FIR
- public order
- fire incident
- obstruction of police
- Bihar Negotiable Substances Act
- Prevention of Damages to Public Property Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90580 of 2025
Arising Out of PS. Case No.-742 Year-2025 Thana- HILSA District- Nalanda
======================================================
Sourav Kumar S/O Ramadhin Yadav R/O Village- Koushik Nagar, P.S- Hilsa,
Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harendra Kumar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Hilsa P.S. Case No. 742 of 2025 for the offence
under sections 190, 191(2), 191(3), 115(2), 121(1), 132, 324(4)
and 109(1) of the B.N.S. and Sections 3 and 4 of the Prevention
of Damages to Public Property Act, 1984 lodged on 20.10.2025
by the informant, Abhijit Kumar
3. As per the prosecution story, the informant alleged
that a fire broke out in the scrap shop near Hilsa Police Station.
The Police upon information, reached the place alongwith the
Fire Brigade but as the Fire Brigade failed to control the Fire,
the public attacked both the Police as also the Fire Brigade
throwing stones and resorted to brick batting. The name of the
petitioner and other accused persons were identified on the basis
Patna High Court CR. MISC. No.90580 of 2025(2) dt.15-01-2026
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of CCTv which led to the FIR.
4. Learned counsel for the petitioner submits that
being a local, he was also trying to bring the fire under control,
under misconception, got implicated. He had no role to play in
the matter, has no criminal antecedent and the last submission is
that without accepting the allegation and/or the outcome of the
present petition, learned counsel for the petitioner submits that
he intends to contribute Rs. 5,000/- to the Chief Minister’s
Relief Fund.
5. Learned APP opposes the prayer submitting that the
petitioner alongwith other locals tried to prevent to Police/Fire
Brigade from doing their duty.
6. Allegation is there, it is unfortunate that instead of
supporting the Government Officials in performing their duties,
the accused resort to brick batting. In this case, since there is no
criminal antecedent and an undertaking has been given that he
shall be diligently appearing in trial, in that background, this
Court is inclined to extend him the privilege of anticipatory bail
with conditions and subject to payment of Rs. 5,000/- to the
Chief Minister’s Relief Fund through Demand Draft and the
receipt be submitted to the learned trial Court at the time of
execution of bail bond.
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7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate – I,
Hilsa (Nalanda) in connection with Hilsa P.S. Case No. 742 of
2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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