Patna High Court
Anirudh Mali @ Anirudh Kumar MalakarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner, directing release on bail bond with sureties subject to Section 482(2) of the B.N.S.S.
Summary
The petitioner, Anirudh Mali, was accused under several IPC sections for assaulting the husband of his sister‑in‑law and allegedly taking Rs.5,000. He claimed innocence, stating the incident stemmed from a land dispute and was a simple fight with no specific overt act alleged against him. The petitioner had clean antecedents, while the State opposed his anticipatory bail. The court noted the general and omnibus nature of the accusation, the familial relationship, and the lack of specific evidence, and therefore granted anticipatory bail. The order directed that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted given the general and omnibus nature of the accusations
- Whether the familial relationship and land dispute context justify bail
- Whether the petitioner’s clean antecedents affect the decision on anticipatory bail
Legislation cited
- B.N.S.S. — s. 482
- Indian Penal Code — s. 323, 324, 325, 34, 341, 354, 379, 504
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- land dispute
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12829 of 2026
Arising Out of PS. Case No.-20 Year-2021 Thana- IMAMGANJ District- Gaya
======================================================
Anirudh Mali @ Anirudh Kumar Malakar S/o Baijnath Mali R/o Village -
Jhikatiya, P.S - Imamganj, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Rabia Gulnaz, Advocate
For the State : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 341, 323,
324, 325, 354, 379, 504 and 34 of the Indian Penal Code.
3. As per F.I.R., allegation against this petitioner is
that he, along with other F.I.R. named accused persons, armed
with lathi and danda, assaulted husband of informant and also
took Rs. 5,000/- cash from house of the informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Informant is none else than own sister-in-
law (Bhabhi) of this petitioner and on account of land dispute
between the parties, a simple maar-peet took place in which
Patna High Court CR. MISC. No.12829 of 2026(3) dt.22-04-2026
2/2
both sides sustained injuries. There is case and counter-case.
Allegation of assault is general and omnibus and no specific
accusation of overt act has been alleged against this petitioner.
Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, relationship
between the parties, case and counter-case between the parties
and clean antecedents of the petitioner, the prayer for grant of
anticipatory bail to the petitioner is allowed.
7. 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.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned J.M.F.C., Gaya in connection
with Imamganj P.S. Case No. 20 of 2021, subject to condition as
laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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