Patna High Court
Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 147, 149, 307, 337, 506
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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