Patna High Court
Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
Anticipatory bail was granted to Rahul Kumar but denied to Mithun Kumar and Pappu Kumar.
Summary
The petitioners, three brothers, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case alleging assault with weapons. The FIR, lodged on 9 September 2025, charges them under multiple sections of the Bhartiya Nyay Sanhita, 2023, and alleges they attacked an informant due to a family land dispute. The petitioners argued innocence, highlighted an inordinate delay in filing the FIR, and offered to comply with any bail conditions; the State opposed bail, citing specific assault allegations. The Court granted anticipatory bail to Rahul Kumar, subject to a bail bond, but refused anticipatory bail to Mithun and Pappu, directing that regular bail may be considered if they surrender within four weeks. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the BNSS, 2023 in view of the alleged assault and the delay in filing the FIR.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 125, 126(2), 303(2), 352
Subjects
- anticipatory bail
- Section 482
- criminal miscellaneous
- assault
- delay in FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21926 of 2026
Arising Out of PS. Case No.-229 Year-2025 Thana- GOGRI District- Khagaria
======================================================
1. Mithun Kumar Son of Laddu Mandal Resident of Village- Chandpur,
Dahgana, Ward No. 16, P.S.- Gogari, District- Khagaria
2. Pappu Kumar Son of Laddu Mandal Resident of Village- Chandpur,
Dahgana, Ward No. 16, P.S.- Gogari, District- Khagaria
3. Rahul Kumar Son of Mukesh Mandal @ Manish Kumar Suman Resident of
Village- Chandpur, Dahgana, Ward No. 16, P.S.- Gogari, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioners who apprehend arrest
in connection with Gogari P.S. Case No. 229 of 2025, lodged on
09.09.2025, under Sections 126(2)/115(2)/109/303(2)/125/352
of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
eight named accused persons, including the present petitioners.
Patna High Court CR. MISC. No.21926 of 2026(2) dt.08-04-2026
2/3
The allegation against them is that while the petitioner was
going to College, they came behind the house of Kanhaiya
Munshi, armed with farsa, lathi, danda, garansi, and iron rods,
encircled the informant, and began abusing and assaulting him,
due to this reason the informant sustained injuries.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel further submits that there is inordinate delay in filing
FIR without assigning any reason of delay. Counsel submits that
the reason behind the scuffle is that the victim is the grandson of
late Mahendra Mandal whose maternal family has landed
dispute with the family of petitioners. Counsel submits that the
criminal antecedent of petitioner Nos.2 and 3 are clean and
petitioner No.1 has one criminal antecedent. Counsel further
submits that petitioners are ready to fulfill all the conditions
whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that there is specific
allegation of assault against the petitioners.
6. It is alleged that there is pistol in the hand of
petitioner No.3, but neither pistol has been recovered nor there
is allegation of firing against petitioner No.3.
Patna High Court CR. MISC. No.21926 of 2026(2) dt.08-04-2026
3/3
7. As such, in the present facts and circumstances of
this case, let petitioner No.3 Rahul Kumar be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Chief Judicial Magistrate, Khagaria, in
connection with Gogari P.S. Case No. 229 of 2025, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
8. As far as petitioner Nos.1 and 2 are concerned,
considering the specific allegation of assault against petitioner
Nos.1 Mithun Kumar and petitioner No.2 Pappu Kumar, the
prayer for anticipatory bail of petitioner Nos.1 and 2 is hereby
refused. However, in the event of surrender of the petitioners
within four weeks from today, the prayer for regular bail shall be
considered on the same day without being prejudiced by the
order of this Court.
(Dr. Anshuman, J)
Mkr./-
U T
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