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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners under Section 482(2) of the B.N.S.

Summary

The petitioners, four brothers, sought anticipatory bail fearing arrest in a case (PS Shahpur Case No. 389 of 2025) alleging offences under Sections 126(2), 115(2), 118(1), 303(2), 351(2), 352 and 3(5) of the Bihar Negotiable Substances Act. The prosecution alleged that the petitioners, along with others, assaulted an informant with a lathi and iron rod. The petitioners contended they were innocent, arguing that the specific assault allegation pertained only to a co‑accused, Harinath Rai, and that the charges were fabricated to pressure them in a long‑standing land dispute. The State and the informant opposed the bail. The Court, noting the general and omnibus nature of the accusation and the possibility of false implication, exercised its inherent powers under Section 482(2) of the B.N.S. and granted anticipatory bail, subject to a bail bond of Rs 10,000 and two sureties each.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 482(2) of the B.N.S. when the accusation is general and possibly fabricated?
  • Whether the petitioners can be held liable for the alleged assault given that the FIR specifically names another co‑accused.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bihar Negotiable Substances Act
  • false implication
  • land dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22004 of 2026

                        Arising Out of PS. Case No.-389 Year-2025 Thana- SAHPUR District- Patna
                 ======================================================
           1.    Mukesh Kumar S/O Latem Shambhu Rai R/O Village- Daudpur, Shahpur,
                 Bagicha, P.S- Shahpur, Distt.- Patna.
           2.    Rakesh Kumar S/O Late Shambhu Rai R/O Village- Daudpur, Shahpur,
                 Bagicha, P.S- Shahpur, Distt.- Patna.
           3.    Sikandra Rai @ Sikandra Kumar s/O Late Surya Banshi Rai R/O Village-
                 Daudpur, Shahpur, Bagicha, P.S- Shahpur, Distt.- Patna.
           4.    Lallan Rai S/O Late Surya Banshi Rai R/O Village- Daudpur, Shahpur,
                 Bagicha, P.S- Shahpur, Distt.- Patna.

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Kush, Advocate
                 For the State           :        Mr. Umeshanad Pandit, APP
                 For the Informant       :        Mr. Bajrangi Lal, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-04-2026                  Heard Mr. Kush, learned counsel appearing on behalf

                   of the petitioners, Mr. Umeshanand Pandit, learned APP

                   appearing on behalf of the State and Mr. Bajrangi Lal, learned

                   counsel appearing on behalf of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 118(1), 303(2), 351(2), 352 and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the
Patna High Court CR. MISC. No.22004 of 2026(2) dt.15-04-2026
                                            2/3




          F.I.R. named accused persons, including these petitioners,

          assaulted informant with lathi and iron rod.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. From bare perusal of the F.I.R. it is

          apparent that specific accusation of assault is against co-accused

          Harinath Rai and there is general and omnibus allegation of

          assault against these petitioners. As a matter of fact, there is

          long standing land dispute between the parties and petitioners

          have falsely been implicated in this case only with a view to put

          pressure upon them to give up their claim on the disputed land.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioners.

                       6. Considering the backdrop of the case and general

          and omnibus nature of accusation, 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

          amount each to the satisfaction of learned S.D.J.M., Danapur,
             Patna High Court CR. MISC. No.22004 of 2026(2) dt.15-04-2026
                                                         3/3




                       Patna in connection with Shahpur P.S. Case No. 389 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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