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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the application for anticipatory bail, granting it subject to the stipulated conditions.

Summary

The petitioners, a group of twenty‑one residents of Gorgama village, sought anticipatory bail fearing arrest in connection with Shahkund Police Station Case No. 108 of 2025, which alleged offences under several sections of the Bihar Negotiable Securities Act (B.N.S.) including arson, assault and robbery. The prosecution’s case was based on an informant’s claim that the petitioners, armed with lathis and spears, set a house on fire, assaulted a woman, and injured three persons while looting jewellery and cash. The petitioners contended that the case was fabricated as retaliation for an earlier FIR they had lodged, asserting that the alleged injuries were minor and that they have clean antecedents. The State, represented by the Additional Public Prosecutor, opposed the anticipatory bail. After considering the submissions, the court granted anticipatory bail under Section 438 of the CrPC, subject to conditions including bail bonds, sureties, presence at trial, and verification of criminal antecedents. The order emphasized that any observations made would not affect the trial and that the bail could be cancelled for non‑compliance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure in view of the allegations made in FIR No. 108/2025.
  • Whether the allegations constitute sufficient ground to deny bail or indicate that the petitioners are falsely implicated.
  • Whether the conditions imposed under Section 438(2) and Section 482(2) of the B.N.S. are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • false implication
  • retaliation
  • bail conditions
  • Bihar criminal law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.9638 of 2026
       Arising Out of PS. Case No.-108 Year-2025 Thana- SHAHKUND District- Bhagalpur
     ======================================================
1.    Rohit Kumar Son of Kishor Das Resident of Village -Gorgama Police
      Station -Shahkund, Dist- Bhagalpur
2.   Anil Das son of Vado Das Resident of Village -Gorgama Police Station
     -Shahkund, Dist- Bhagalpur
3.   Sanjay Das son of Late Makoo Das Resident of Village -Gorgama Police
     Station -Shahkund, Dist- Bhagalpur
4.   Mantu Das Son of Late Makko Das Resident of Village -Gorgama Police
     Station -Shahkund, Dist- Bhagalpur
5.   Santlal Das son of Late Makko Das Resident of Village -Gorgama Police
     Station -Shahkund, Dist- Bhagalpur
6.   Suraj Das Son of Anil Das Resident of Village -Gorgama Police Station
     -Shahkund, Dist- Bhagalpur
7.   Pankaj Das son of Late Chullo Das @ Chulay Das Resident of Village
     -Gorgama Police Station -Shahkund, Dist- Bhagalpur
8.   Ravindra Das Son of Panchu Das Resident of Village -Gorgama Police
     Station -Shahkund, Dist- Bhagalpur
9.   Amin Das Son of Panchu Das Resident of Village -Gorgama Police Station
     -Shahkund, Dist- Bhagalpur
10. Sonu Das @ Sonu Kumar Son of Santlal Das Resident of Village -Gorgama
    Police Station -Shahkund, Dist- Bhagalpur
11. Raja Das @ Raja Kumar son of Feko Das Resident of Village -Gorgama
    Police Station -Shahkund, Dist- Bhagalpur
12. Lukho Das @ Lakhendra Das Son of late Heera Lal Das @ Heera Das
    Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur
13. Panchu Das Son of Makko Das Resident of Village -Gorgama Police Station
    -Shahkund, Dist- Bhagalpur
14. Sainu Das @ Surendra Das Son of Vainu Das @ Vehra Das Resident of
    Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur
15. Kishore Das sonof Varharo Das @ Vaunu Das Resident of Village -Gorgama
    Police Station -Shahkund, Dist- Bhagalpur
16. Mangal Das Son of Ram Das Resident of Village -Gorgama Police Station
    -Shahkund, Dist- Bhagalpur
17. Feko Das son of Ram Das Resident of Village -Gorgama Police Station
    -Shahkund, Dist- Bhagalpur
18. Dilip Das Son of Mantu Das Resident of Village -Gorgama Police Station
    -Shahkund, Dist- Bhagalpur
19. Monu Das @ Monu Kumar Son of Santlal Das Resident of Village
    -Gorgama Police Station -Shahkund, Dist- Bhagalpur
20. Sourav Kumar son of Puran Das Resident of Village -Gorgama Police
         Patna High Court CR. MISC. No.9638 of 2026(2) dt.24-02-2026
                                                     2/5




                 Station -Shahkund, Dist- Bhagalpur
           21. Karan Kumar Son of Ravindra Das Resident of Village -Gorgama Police
               Station -Shahkund, Dist- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dr. Manoj Kumar, Adv.
                 For the Opposite Party/s :       Mrs. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   24-02-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Shahkund P.S. Case No. 108 of 2025 dated 01.07.2025

                   registered for the offences punishable under Sections 191(2),

                   191(3), 190, 126(2), 115(2), 76, 109, 303(2), 352 and 351(2) of

                   the B.N.S.

                                3. As per the prosecution case, the informant has

                   alleged that all the named accused persons armed with lathi,

                   spear and garasa came and order to set the house on fire. When

                   the informant protested, the accused persons are stated to have

                   abused her and tore her saree and blouse and also took away the

                   household items. It is further alleged that the accused persons

                   with an intention to kill, attacked and injured one Gourav

                   Kumar, Raman Kumar and Saheb Kumar who received injuries
Patna High Court CR. MISC. No.9638 of 2026(2) dt.24-02-2026
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          on head. It is further stated that jewelleries and cash were taken

          by the accused persons.

                       4. The learned counsel for the petitioners submits that

          all the petitioners have falsely been implicated in retaliation to

          the earlier case lodged by the petitioners’ side being Shahkund

          P. S. Case No. 107 of 2025 lodged on 28.06.2025 on the said

          incident. It has further been submitted that in a retaliation to

          such lodging of the F.I.R., all the family members i.e. the

          present petitioners have falsely been implicated in a concocted

          case and an F.I.R. was lodged after six days of the said F.I.R.

          lodged by the petitioner no. 2. It has further been submitted that

          the said injured persons were examined medically and all these

          injuries were found to be simple in nature. It has further been

          submitted that no such case as alleged has ever occurred and

          only in order to coerce the petitioners into compromising the

          earlier case, the present false and concocted case has been

          lodged. It has lastly been submitted that the petitioners have

          clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of
Patna High Court CR. MISC. No.9638 of 2026(2) dt.24-02-2026
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          the case, the petitioners above named, are directed to be released

          on anticipatory bail, in the event of arrest or surrender before the

          Court below within a period of four weeks from today, on

          furnishing       bail-bonds         of     Rs.      10,000/-(Rupees   Ten

          Thousand)each with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Shahkund P.S. Case

          No. 108 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of BNSS as well as subject to the

          following conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioners.

                       (ii) The petitioners shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                       (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the

          petitioners will be liable to be cancelled by the Court concerned.

                       (iv) The trial court shall verify the criminal antecedent

          of the petitioners and in case, at any stage, it is found that the

          petitioners have concealed their criminal antecedents, the trial
           Patna High Court CR. MISC. No.9638 of 2026(2) dt.24-02-2026
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                     court shall take necessary steps for cancellation of bail bonds of

                     the petitioners. 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.

                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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