Patna High Court
Kanchan Kumar @ Kanchan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner subject to bond and conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Kanchan Kumar, was implicated in a land‑dispute related assault case (P.S. Case No. 184 of 2025) involving multiple offences under the B.N.S. He allegedly struck the informant with a lathi causing a fracture, and other co‑accused assaulted the informant’s family. The petitioner pleaded innocence, arguing that the injury was not to a vital part, there was no intent to cause death, and that the dispute was primarily between the informant and another accused, not him. The State opposed his bail, maintaining the seriousness of the offences. The Court, considering the lack of serious injury to vital parts, the background of a land dispute, and the possibility of false implication, ordered bail on condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the B.N.S. and other conditions. The petitioner was directed to surrender within eight weeks and remain present for court dates.
Issues considered
- Whether the petitioner is entitled to bail despite the charges of assault and related offences under the B.N.S.
- Whether the alleged injuries constitute a serious offence warranting denial of bail
- Whether the background of a land dispute and possibility of false implication justify bail
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 118, 118(2), 126(2), 3(5), 351(2), 351(3), 352, 74
Subjects
- bail
- assault
- land dispute
- false implication
- Criminal Procedure
- Section 482
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14844 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- KATHAIYA District- Muzaffarpur
======================================================
Kanchan Kumar @ Kanchan Mahto Son of Bhagirath Mahto Resident of
Village - Patti Aswari, P.S.- Kathaiya, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr.Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Kathaiya P.S. Case
No. 184 of 2025 registered for the offences under Sections
126(2), 115(2), 118, 109, 117(2), 118(2), 74, 352, 351(2),
351(3), 3(5) of B.N.S.
3. As per prosecution case, the petitioner and
other co-accused persons, in the background of land dispute,
assaulted the informant with lathi, danda, iron rod, knife and
Dab. The allegation against the petitioner is that he gave a lathi
blow on the left hand and left leg of the informant causing its
fracture. The assailants also assaulted the wife and daughter of
Patna High Court CR. MISC. No.14844 of 2026(2) dt.03-04-2026
2/3
the informant.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. Only allegation against the petitioner is that he gave lathi
blow on the leg and hand of the informant which are not vital
parts, though the injuries are stated to be grievous due to
fracture but there was no intention to cause death. Learned
counsel further submits that the land dispute is admitted and
parties are agnates. Even the land dispute is between the
informant and co-accused Kundan and not with the petitioner.
The petitioner is having clean antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of any serious injury on any vital part and also
considering the background of land dispute and possibility of
false implication, let the petitioner above named, in the event of
his arrest or surrender before the court concerned within a
period of eight weeks from today, be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.14844 of 2026(2) dt.03-04-2026
3/3
satisfaction of learned S.D.J.M. (West), Muzaffarpur/concerned
court in connection with Kathaiya P.S. Case No. 184 of 2025,
subject to the condition as laid down under Section 482(2) of
the B.N.S.S. and other following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
Checking your session…