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Patna High Court

Mahangu DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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