Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Negotiable Substances Act — s. 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.