Patna High Court
Shrawan Kumar @ Sharwan kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
In the absence of any specific allegation of assault or overt act against the petitioner in the FIR, bail must be granted.
Summary
Shrawan Kumar was arrested in connection with a mob attack and extortion alleged under several sections of the Bihar Negotiable S... Act, 2023. The FIR named him among 40-50 persons but did not allege any specific assault or overt act by him. The petitioner sought bail, arguing the lack of specific charges against him, while the State opposed bail citing his involvement in other cases. The court examined whether a specific allegation is required for bail and found none in the FIR. Consequently, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, attendance, and non‑tampering with evidence.
Issues considered
- Whether the absence of a specific allegation of assault or overt act against the petitioner precludes denial of bail.
- Whether the petitioner can be granted bail despite being part of a larger mob alleged to have committed extortion and violent offences.
- Whether the petitioner’s involvement in other cases affects the grant of bail in the present case.
Subjects
- bail
- criminal procedure
- extortion
- mob violence
- specific allegation
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90954 of 2025
Arising Out of PS. Case No.-295 Year-2025 Thana- BAUNSI District- Banka
======================================================
Shrawan Kumar @ Sharwan kumar Son of Late Doman Chaudhary Resident
of Village -Pagwara, Police Station- Hansdiha, District -Dumka (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr.Ajay Mukherjee, learned counsel for the
petitioner and Mr.Shahabuddin Azeem @ S. Azeem, learned
A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
20.10.2025 in connection with Bounsi P.S. Case No. 295 of
2025, F.I.R. dated 19.10.2025 registered for the offence
punishable under Sections 191(2), 190, 126(2), 115(2), 109,
308(3), 324(4), 329(3), 352, 351(2) of BNS, 2023.
3. The prosecution story as per the FIR is that the
informant who is father of the St. Joseph School, Harimora,
Bounsi, on 19.10.2025 he was getting the school boundary
constructed, then at around 13.10 hours, Parmeshwar Yadav,
Shridhar Yadav, Pappu Yadav, Vinod Yadav, along with 40-30
parsons, all carrying sticks, batons, swords, spear and iron rods,
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came to the construction site and started abusing and demanding
ten lakh rupees as extortion. They also launched a deadly attack
on the informant and the construction workers but somehow
they managed to escape. The agitated mob caught one of the
workers namely Vinod Rana and assaulted him brutally, causing
head injury. They destroyed the under construction boundary
wall. Shahwaz Hasan, who was overseeing the work, was also
attacked with a sword. On getting information when the police
personnel arrived, they ran away but the accused persons-Bipin
Kumar, Suraj Kumar, Shrawan Kumar and others were caught
by the police.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR that although the petitioner
is named in the FIR alongwith 40 to 50 unknown persons but
there is no specific allegation of any assault or overt-act
attributed against the petitioner rather there is general and
omnibus allegation against all the accused persons including the
petitioner. The police, after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
20.10.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
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two more cases other than the present one but fairly submits that
the petitioner is on bail in both the cases, as mentioned in para-3
of the bail petition.
6. Considering the aforesaid facts and there is no
specific allegation of any assault or overt-act attributed against
the petitioner in the FIR, let the petitioner, above named, 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 learned Chief Judicial Magistrate,
Banka/Successor Court, Banka in connection with Bounsi P.S.
Case No. 295 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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