Patna High Court
Mahangu DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioner is entitled to anticipatory bail as the allegations are inconsistent, there is a case‑and‑counter‑case, and he has no prior criminal record.
Summary
Mahangu Das sought anticipatory bail after an FIR was lodged against him under several sections of the Bhartiya Nyaya Sanhita, 2023, alleging that he attacked an informant with a gadasa during a land‑dispute scuffle. The petitioner’s counsel argued that the injury report attached to the bail application described a simple, blunt‑force injury, which conflicted with the FIR’s allegation of a sharp‑weapon attack, and highlighted the existence of a case‑and‑counter‑case and the petitioner’s clean criminal record. The State opposed bail but also noted the same factual inconsistencies. The Court, considering the discrepancy between the FIR and the injury report, the land‑dispute context, and the petitioner’s lack of prior convictions, granted anticipatory bail subject to a Rs.30,000 bond and conditions under Section 482(2) of the BNS, 2023. The trial court was directed to verify the petitioner’s antecedents and cancel the bail if any concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted when the FIR allegations are inconsistent with the medical injury report.
- Whether the presence of a case and counter‑case arising from a land dispute affects the grant of bail.
- Whether a clean criminal antecedent warrants the issuance of anticipatory bail under the BNS, 2023.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita 2023
- FIR inconsistency
- injury report
- land dispute
- case and counter‑case
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10895 of 2026
Arising Out of PS. Case No.-590 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
Mahangu Das S/o Dashrath Das Resident of Village- Naya Gaon Bhutahan,
Ward No. 10, P.S.- Paharpur, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Ms. Isha Mishra, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Paharpur P.S. Case No. 590 of 2025, dated 14.11.2025,
lodged under Section 126(2), 115(2), 118(1), 109, 303(2), 352,
351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023
(hereinafter referred to as “BNS, 2023”).
3. As per the prosecution, FIR has been lodged against
eight (08) named accused persons, including the present
petitioner. The specific allegation against the petitioner is that he
reached the place of the informant and, upon opposition, made
an attack with a gadasa, due to which injury was caused to the
informant and bleeding started.
Patna High Court CR. MISC. No.10895 of 2026(2) dt.12-03-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that for the same date and place of occurrence
there is a case and counter-case between the parties. Counsel
further submits that from the contents of the FIR, it is crystal
clear that due to a land dispute, scuffling took place. The
specific allegation against the petitioner is that he attacked the
informant with a gadasa. Counsel further submits that the injury
report of the informant has been attached to the bail application,
wherein it has been indicated that the injury has been caused by
a hard and blunt substance, whereas in the FIR it has been
alleged that the petitioner attacked him with a gadasa, which is
a sharp weapon. Counsel further submits that in the injury report
it has also been indicated that the injury is simple in nature.
Therefore, counsel submits that the injury caused and the
allegations made in the FIR do not match with the injury report.
Counsel also submits that the petitioner has clean criminal
antecedent.
5. Learned APP for the State opposes the prayer for
bail but fairly submits that there is a case and counter-case
between the parties regarding the land dispute and the injury
report also does not match with the allegations made in the FIR.
Patna High Court CR. MISC. No.10895 of 2026(2) dt.12-03-2026
3/3
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of A.C.J.M. IX, East Champaran, Motihari, in
connection with Paharpur P.S. Case No. 590 of 2025, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
7. The Trial Court is hereby directed to verify the
criminal antecedent of the petitioner, and in case it is found at
any stage that the petitioner has concealed his criminal
antecedent, the Trial Court shall take steps for cancellation of
the petitioner’s bail bond. However, the acceptance of the bail
bond in terms of the above-mentioned order shall not be delayed
for the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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