Patna High Court
Mishrilal DasversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to petitioners No.1, No.3 and No.4 subject to bail bond and surety conditions, and dismissed the withdrawal applications of petitioners No.2 and No.5.
Summary
The Patna High Court heard an application for anticipatory bail filed by six petitioners accused of assaulting an informant and other offences under the Indian Penal Code. Petitioners No.2 and No.5 withdrew their applications, which the court permitted, dismissing those applications as withdrawn. The court considered the general nature of the allegations, the involvement of a land dispute, and the fact that petitioners No.3 and No.4 are female family members. It granted anticipatory bail to petitioners No.1, No.3, and No.4, subject to a bail bond of Rs.10,000 with two sureties each and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Instruments Act. The bail order remains subject to surrender within four weeks and will be considered on its own merits without prejudice from the withdrawn applications.
Issues considered
- Whether anticipatory bail should be granted to petitioners No.1, No.3 and No.4 despite the serious charges under the IPC.
- Whether the withdrawal of applications by petitioners No.2 and No.5 affects the bail considerations for the remaining petitioners.
- Whether the general and omnibus nature of the FIR and the underlying land dispute justify the grant of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 110, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352
Subjects
- anticipatory bail
- withdrawal of application
- land dispute
- assault
- Indian Penal Code
- Criminal Procedure Code
- bail bond
- sureties
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23601 of 2026
Arising Out of PS. Case No.-274 Year-2024 Thana- PATAHI District- East Champaran
======================================================
1. Mishrilal Das S/O Sukhdeo Das @ Sukadev Das R/O Village- Pachgachia,
P.S- Patahi, Distt.- East Champaran.
2. Kanhaiya Das @ Kanhaiya Kumar S/O Sukhdeo Das @ Sukadev Das R/O
Village- Pachgachia, P.S- Patahi, Distt.- East Champaran.
3. Arti Kumari D/O Sukhdeo Das @ Sukadev Das R/O Village- Pachgachia,
P.S- Patahi, Distt.- East Champaran.
4. Ranju Devi W/O Sukhdeo Das @ Sukadev Das R/O Village- Pachgachia,
P.S- Patahi, Distt.- East Champaran.
5. Santosh Kumar @ Santosh Das S/O Sukhdeo Das @ Sukadev Das R/O
Village- Pachgachia, P.S- Patahi, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Learned counsel for the petitioners prays for
withdrawal of the application on behalf of petitioners no. 2 and
5.
2. Permission is granted.
3. Accordingly, this application on behalf of the
petitioners no. 2 and 5 is dismissed as withdrawn.
4. If the petitioners no. 2 and 5 surrender and pray for
regular bail within a period of four weeks before the court
below, the same shall be considered on its own merits without
being prejudiced by the present withdrawal. The petition
Patna High Court CR. MISC. No.23601 of 2026(2) dt.01-05-2026
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survives only against petitioners no. 1, 3 and 4.
5. Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
6. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Sections
191(2), 191(3), 190, 126(2), 115(2), 118(1), 303(2), 110, 352,
351(2) of the B.N.S.
6. Petitioners are said to have assaulted the informant
by means of khanti, lathi and dab causing head injury to him. It
is further alleged that petitioner no. 5 Santosh Kumar snatched
Rs. 60,000/- and mobile phone from the packet of the informant.
8. Learned counsel for the petitioners submits that
there are general and omnibus allegation in the First Information
Report and the specific allegation of assault upon the informant
is upon petitioners no. 2 and 5. It is further submitted that the
petitioners no. 3 and 4 are female members of the family. It has
also been submitted that the injuries suffered by the informant is
simple in nature but it would be evident from the injury report
(Annexure-2) that the injury no. 2 was endangering his vision of
right eye and on head.
9. Learned APP for the State has opposed the
application for anticipatory bail.
Patna High Court CR. MISC. No.23601 of 2026(2) dt.01-05-2026
3/3
10. Taking into consideration the facts and
circumstances and also considering the general nature of
allegation as against these petitioners coupled with the fact that
there is land dispute between the parties, let the above named
petitioners no. 1, 3 and 4, in the event of their arrest or surrender
before the learned Court below within a period of four weeks
from today, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned court
below where the case is pending/successor court in connection
with Patahi P.S. Case No. 274 of 2024, subject to the condition
as laid down under Section 438 (2) of the Cr.P.C./482(2) of the
B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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