Mohan Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2026)

Mohan Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest or surrender within eight weeks, the petitioner to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Patna, in connection with Kankarbag P.S. Case No. 109 of 2026, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioner, who apprehends arrest in Kankarbag P.S. Case No. 109 of 2026 registered for offences punishable under Sections 191(2), 190, 126(2), 115(2), 109(1) and 132 of the B.N.S., is entitled to anticipatory bail. +1 more

Court's answer

The prayer for grant of anticipatory bail to the petitioner is allowed.

Ratio / Principle

Considering the facts and circumstances of the case and the general and omnibus nature of the accusation, the court found favour with the petitioner's plea.

Key takeaways

In the event of arrest or surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Patna, in connection with Kankarbag P.S. Case No. 109 of 2026, subject to the conditions laid down under Section 482(2) of the B.N.S.S.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail - grant of - offences punishable under Sections 191(2), 190, 126(2), 115(2), 109(1) and 132 of the B.N.S. registered as Kankarbag P.S. Case No. 109 of 2026, Patna, arising out of stone-pelting by 20 to 30 unknown slum dwellers on officials and police personnel during an anti-encroachment drive near Viklang Bhawan Hospital - petitioner not named in the F.I.R.; his name transpired during investigation allegedly on the confessional statement of co-accused Prakash Sahni - accusation of pelting stones held general and omnibus, with no specific overt act attributed to the petitioner - prayer for anticipatory bail allowed; in the event of arrest or surrender within eight weeks, petitioner to be released on bail on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Patna, subject to the conditions laid down under Section 482(2) of the B.N.S.S. (Prabhat Kumar Singh, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43653 of 2026

Arising Out of PS. Case No.-109 Year-2026 Thana- KANKARBAG District- Patna

======================================================

Mohan Kumar S/O Gautam Prasad Resident Of Village - Bairia, P.SGopalpur, Dist Patna

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Shivjee Singh, Advocate For the State : Mr. Rajiv Nayan, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 08-07-2026

Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 109(1) and 132 of the B.N.S..

The prosecution case, in brief, is that on the directions of the District Magistrate, Patna, the informant was deputed as Magistrate for removal of encroachment in front of Viklang Bhawan Hospital near Phanishwar Nath Renu Park, Wad No. 35, Kankarbhag, Patna and on the said directions, on 09.02.202026 at about 11 AM, informant, along with City Magistrate, Deputy Superintendent of Police and other government officials and police force, was engaged in the work of removal of encroachment of Jhuggi Jhopri and in the

Patna High Court CR. MISC. No.43653 of 2026(2) dt.08-07-2026 2/3

meantime, 20 to 30 unknown slum dwellers became agitated and started pelting stones upon the officials and police personnel due to which several personnel sustained injuries.

It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during investigation merely on the basis of confessional statement of co-accused Prakash Sahni. Save and except confessional statement there is no material on record to show the complicity of this petitioner in the alleged occurrence. Moreover, allegation of pelting stone is general and omnibus and no specific accusation of overt act has been levelled against this petitioner.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

Considering the facts and circumstances of the case and general and omnibus nature of accusation, the prayer for grant of anticipatory bail to the petitioner is allowed.

Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.43653 of 2026(2) dt.08-07-2026 3/3

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Patna in connection with Kankarbag P.S. Case No. 109 of 2026, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J)

shashank/-

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