Patna High Court
Prashant Kumar @ Manjhla Babu @ Prabhat SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 117(2), 126(2), 191(2), 191(3), 303(2), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
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
2/3
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/-
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