Patna High Court
Gyani Prasad @ Gayani PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to petitioners 1, 2 and 4 but denied it to petitioners 3 and 5.
Summary
The petitioners sought anticipatory bail in connection with a criminal case (PS Mohanpur Case No. 363 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and grievous injury to the informant. The prosecution alleged that the petitioners, armed, assaulted the informant and others, with specific allegations of grievous assault against petitioners No.3 (Rambaran Prasad) and No.5 (Gopal Prasad Kushwaha). The petitioners argued that the allegations were general and omnibus for most of them, that there was a land dispute, and that they have clean antecedents. The State and the informant opposed anticipatory bail, emphasizing the specific grievous assault on the informant. The court, applying Section 438 of the CrPC read with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted anticipatory bail to petitioners No.1, No.2 and No.4, subject to bail bonds and conditions, but declined bail for petitioners No.3 and No.5. The order clarified that its observations would not affect the trial and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted to all accused despite specific allegations of grievous assault against some.
- Whether the nature of the alleged offences under the Bharatiya Nyaya Sanhita, 2023, precludes the grant of anticipatory bail.
- Whether the provisions of Section 438 CrPC and Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable in this case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 110, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 74
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- assault
- grievous injury
- land dispute
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 438
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27379 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- MOHANPUR District- Gaya
======================================================
1. Gyani Prasad @ Gayani Prasad, Son of Mahavir Mahto @ Mahavir Prasad,
Resident Of Village-Matihani, PS- Mohanpur, Dist- Gaya Ji
2. Kamaldev Mahto @ Kamaldev Prasad, Son of Late Bhigan Mahto @ Bigan
Mahto, Resident Of Village-Matihani, PS- Mohanpur, Dist- Gaya Ji
3. Rambaran Prasad, Son of Mahavir Prasad @ Mahavir Mahto, Resident Of
Village-Matihani, PS- Mohanpur, Dist- Gaya Ji
4. Birendra Kumar, Son of Mahavir Mahto @ Mahavir Prasad, Resident Of
Village-Matihani, PS- Mohanpur, Dist- Gaya Ji
5. Gopal Prasad Kushwaha, Son of Kamaldev Mahto @ Kamaldev Prasad,
Resident Of Village-Matihani, PS- Mohanpur, Dist- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate
Mr. Abdul Mannan Khan, Advocate
Mr. Hafiz Shahbaz Arif, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
Ms. Pushpa Sinha, Advocate
For the Informant : Ms. Kanupriya, Advocate
Mr. Abhishek Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 17-06-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The learned counsel for the petitioners, after some
arguments, submits that he would not be pressing the prayer for
bail as far as petitioner no.3 namely, Rambaran Prasad and
petitioner no. 5 namely, Gopal Prasad Kushwaha are concerned.
3. The petitioners are apprehending their arrest in
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connection with Mohanpur P.S. Case No. 363 of 2025 registered
for the offence(s) under Section(s) 126(2), 115(2), 117(2),
303(2), 74, 351(2), 110, 109 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 (B.N.S.).
4. As per the prosecution case, the allegation against
the petitioners is that they along with other accused persons,
variously armed, have assaulted the informant and others
causing injuries to them.
5. The learned counsel for the petitioners submits that
there is general and omnibus allegation against all the named
accused persons including the petitioners and there is also a land
dispute between the parties. It is further submitted that there was
case and counter case for the same incident, however, the
present case was lodged by the informant prior to their case. It
has next been submitted that the specific allegation of assault on
the head of informant is against petitioner no. 3 Rambaran
Prasad and petitioner no. 5 Gopal Prasad Kushwaha while there
is general and omnibus allegation of assault against petitioner
no. 1 Gyani Prasad @ Gayani Prasad, petitioner no. 2 Kamaldev
Mahto @ Kamaldev Prasad and petitioner no. 4 Birendra
Kumar. It has lastly been submitted that the petitioners have
clean antecedents.
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6. The learned A.P.P. for the State as well as the
learned counsel appearing on behalf of informant have
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and stated that the petitioners have brutally
assaulted the informant and others causing grievous injuries to
Sonmanti Devi (informant), however admits that rest of the
injuries were found to be simple in nature. Further, as far as the
two petitioners i.e. petitioner nos. 3 and 5, against whom there is
specific allegation of assault, while the other petitioners were
their accomplice. It has thus been submitted that the petitioners
do not deserve the privilege of anticipatory bail.
7. Considering the aforesaid facts and circumstances
of the case, submissions advanced on behalf of the parties and
taking into account the fact that the specific allegation of
assaulting the informant who has sustained grievous injury is
against petitioner nos. 3 and 5, let the petitioner no. 1 Gyani
Prasad @ Gayani Prasad, petitioner no. 2 Kamaldev Mahto @
Kamaldev Prasad and petitioner no. 4 Birendra Kumar, be
released on anticipatory bail, in the event of their arrest or
surrender before the concerned Court/successor Court within a
period of four weeks from today, on their furnishing bail bonds
in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with
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two sureties of the like amount each to the satisfaction of the
concerned Court/successor Court where the case is pending in
connection with Mohanpur P.S. Case No. 363 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure, 1973 read with corresponding Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
(B.N.S.S.) as well as subject to the following conditions :
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioners will be liable to be cancelled by the
concerned Court.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
9. The application stands allowed.
(Sourendra Pandey, J)
deepak/-
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