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Patna High Court

Arvind KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

Arvind Kumar was named in an FIR for alleged stone‑pelting during a Saraswati Puja, with charges under IPC sections 147, 149, 307, 506 and 337. He contended that the FIR made only a generic allegation against him, was filed after a two‑day delay, and that he has a clean antecedent, noting that similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail application. The Court, considering the nature of the accusation, the petitioner’s clean record and the circumstances, allowed the anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the generic allegations in the FIR
  • Whether the delay in filing the FIR and lack of specific overt act against the petitioner justify bail
  • Whether the petitioner’s clean antecedent and the bail granted to co‑accused influence the decision

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • rioting
  • stone pelting
  • clean antecedent
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91853 of 2025
                   Arising Out of PS. Case No.-72 Year-2024 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
                 Arvind Kumar Son of Ramodar Ram @ Jehal Ram Resident of village -
                 Alinagar, Police Station - Surajgarha, District - Lakhisarai.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 147, 149, 307, 506/337

                   of the Indian Penal Code.

                                3. As per the prosecution case, informant namely,

                   Manoj Yadav alleged that when son of informant went to see the

                   immersion function of Saraswati Puja, all the 22 FIR named

                   accused persons, including this petitioner, and 8 to 10 unknown

                   accused persons accosted son of the informant and pelted stones

                   on him, causing injuries.

                                4. It is submitted on behalf of the petitioner that

                   allegation of pelting stones is general and omnibus against this

                   petitioner and there is no allegation of any specific overt act

                   against him. F.I.R. has been lodged after delay of 2 days without
              Patna High Court CR. MISC. No.91853 of 2025(2) dt.10-02-2026
                                                          2/2




                        any explanation which renders the entire prosecution case

                        doubtful. Similarly situated co-accused persons have already

                        been granted anticipatory bail by this Court vide order dated

                        17.09.2025 passed in Cr. Misc. No. 50916 of 2025. Petitioner

                        claims clean antecedent.

                                     5. Learned counsel for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation, clean

                        antecedent and other facts and circumstances of the case, prayer

                        for bail of petitioner is allowed. In the event of arrest/surrender

                        within eight weeks from today, let the petitioner, mentioned

                        above, be enlarged on bail on furnishing bail bond of

                        Rs.10,000/- (ten thousand) with two sureties of the like amount

                        each to the satisfaction of Chief Judicial Magistrate, Lakhisarai

                        in Suryagarha Police Station Case No. 72 of 2024, subject to the

                        conditions laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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