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Patna High Court

Prashant Kumar @ Manjhla Babu @ Prabhat SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered that the petitioners be released on bail subject to a bond and conditions under Section 438(2) Cr.P.C/Section 482(2) BNSS.

Summary

The petitioners, Prashant Kumar and Chandra Shekhar Kumar, sought bail fearing arrest in a case arising from a land dispute between two Gotiyas. The FIR alleges that the accused, including the petitioners, formed an unlawful assembly, entered the informant's house, assaulted family members, committed indecent behavior, and stole cash and jewellery, invoking several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The petitioners argued that both sides in the dispute had filed cases and sustained comparable grievous injuries, indicating a mutual fight rather than a one‑sided offence. The State opposed bail, relying on the seriousness of the alleged offences. The Court, considering the reciprocal injuries and the existence of parallel cases, granted bail on the condition of a Rs 10,000 bond with two sureties and compliance with Section 438(2) of the Cr.P.C/Section 482(2) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioners despite the serious offences alleged under the BNSS.
  • Whether the existence of reciprocal injuries and parallel cases between the parties warrants bail.

Legislation cited

Subjects

  • bail
  • unlawful assembly
  • land dispute
  • grievous injury
  • anticipatory bail
  • BNSS
  • criminal law

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.24860 of 2026
                        Arising Out of PS. Case No.-404 Year-2025 Thana- NARHATT District- Nawada
                 ======================================================
           1.     Prashant Kumar @ Manjhla Babu @ Prabhat Singh S/o Ashok Singh R/o
                  Village - Gajrachatar, P.S. - Narhat, District - Nawadah.
           2.    Chandra Shekhar Kumar @ Shekhar Singh S/o Ashok Singh R/o Village -
                 Gajrachatar, P.S. - Narhat, District - Nawadah.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners       :       Mr. Arun Kumar, Advocate
                 For the State             :       Dr. Indiwar Kumari, APP
                 For the Informant         :       Mr. Vibhuti Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   30-04-2026          Heard learned counsel for the petitioners and learned counsel

                   for the informant, while learned A.P.P. for the State through

                   virtual mode.

                    2. The petitioners apprehend their arrest in a case registered for

                   the offences punishable under Sections 191(2), 191(3), 126(2),

                   115(2), 109, 117(2), 74, 303(2) and 352 of the B.N.S.

                   3.     All the F.I.R. named accused persons including these

                   petitioners variously armed by forming an unlawful assembly

                   are said to have entered into the house of the informant,

                   assaulted the family members and also committed indecent

                   behaviour with one Rinku Devi. They also took away

                   Rs.20,000/- cash from a box and earrings of Rinku Devi.
Patna High Court CR. MISC. No.24860 of 2026(2) dt.30-04-2026
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          4. It is submitted by learned counsel for the petitioners that the

          present case arises out of a land dispute among the Gotiyas and

          with regard to the same incident cases have been filed from

          both sides. Learned counsel for the petitioners points out to

          Annexure-P/2, which is the case filed on behalf of the

          petitioners and is earlier in point of time and Annexure-P/4 is

          the injury report of both the petitioners indicating that

          petitioner no.2 has received grievous injury on the forearm by

          hard and blunt substance. So far as the injury caused to the

          grandson of the informant is concerned, the same is no-doubt

          grievous in nature but it relates to index finger, which is a non-

          vital part of the body. So far as the other injury is concerned,

          the grievous injury suffered by her is on the forearm and the

          right shoulder, that too, caused by hard and blunt substance. As

          a matter of fact, there was free fight between the parties

          wherein both sides sustained injuries.

          5.   Learned APP for the State opposed the prayer for bail on

          the grounds of allegations made in the F.I.R.

          6. Taking into consideration the facts and circumstances of the

          case and also considering the fact that the dispute is between the

          two Gotiyas and there are cases on both the sides, coupled with

          the fact that the grievous injuries have been sustained by both
            Patna High Court CR. MISC. No.24860 of 2026(2) dt.30-04-2026
                                                        3/3




                      the sides, let the above named petitioners, be released on bail, in

                      the event of their arrest or surrender before the learned Court

                      below within a period of four weeks from today, 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

                      lower Court where the case is pending/successor Court in

                      connection with Narhat P.S. Case No.404 of 2025, subject to the

                      condition as laid down under Section 438 (2) of the Cr.P.C/482

                      (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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