Patna High Court
Lalmohit MochiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the petition for anticipatory bail, finding that the general nature of the allegations did not preclude bail.
Summary
The petitioners, five individuals from Masaurhi, Patna, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. for alleged assault on an informant and his relatives. The prosecution alleged that on 6 November 2025 the petitioners assaulted the informant with sticks and iron rods, and also assaulted his cousins and father when they intervened. The petitioners contended they were innocent, asserting that the dispute stemmed from a long‑standing land conflict between the two Gotiya families and that the allegations were vague, general and omnibus with no specific overt act identified. The State opposed the bail, but the court noted the general nature of the accusations and the existence of a case‑and‑counter‑case, concluding that anticipatory bail was appropriate. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioners be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted when the allegations are general and omnibus without specific overt acts.
- Whether the offences alleged under the cited sections of the B.N.S. warrant denial of anticipatory bail.
- Whether Section 482(2) of the B.N.S. permits the court to impose conditions on anticipatory bail in this context.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- general allegations
- land dispute
- assault
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19641 of 2026
Arising Out of PS. Case No.-875 Year-2025 Thana- MASAUDHI District- Patna
======================================================
1. Lalmohit Mochi S/o- Late Sohrai Mochi R/v- Berrabigah Berra Ps-
Masaurhi Dist- Patna
2. Ganesh Kumar @ Ganesh Mochi S/o- Ramasray Das @ Ramashray Mochi
R/v- Berrabigah Berra Ps- Masaurhi Dist- Patna
3. Kamlesh Mochi S/o- Lalmuni Mochi R/v- Berrabigah Berra Ps- Masaurhi
Dist- Patna
4. Ramasray Das @ Ramashray Mochi S/o- Lalmohit Mochi R/v- Berrabigah
Berra Ps- Masaurhi Dist- Patna
5. Vijay Mochi S/o- Shravan Mochi R/v- Berrabigah Berra Ps- Masaurhi Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Ramadhar Shekhar, Advocate
For the State : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 115(2), 126(2), 118(1), 109(1), 352 and 351(2) of
the B.N.S..
3. As per prosecution case, on 06.11.2025 at about 7
PM, when the informant was returning home after attending the
call of nature, in the meantime, all these accused petitioners
Patna High Court CR. MISC. No.19641 of 2026(2) dt.07-04-2026
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abused him and assaulted him with sticks and iron rods. It is
further alleged that when cousin brothers and father of
informant came to save him, they were also assaulted.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
Gotiya and due to long standing land dispute, simple maar-peet
took place between the parties in which 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 these petitioners.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and case and
counter-case between the parties, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.19641 of 2026(2) dt.07-04-2026
3/3
amount each to the satisfaction of learned S.D.J.M., Masaurhi,
District- Patna in connection with Masaurhi P.S. Case No. 875
of 2025, 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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