Patna High Court

Arvind KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court allowed the petitioners' prayer for anticipatory bail.

Summary

The petitioners, Arvind Kumar and Praveen Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 117(2), 109, 303(2) and 3(5) of the B.N.S. The prosecution alleged that the petitioners, along with others, assaulted informant Lalti Devi and her family on 8 December 2024, using lathi and danda and snatching gold ornaments. The petitioners contended that the dispute was a minor neighbour quarrel over cow dung, resulting in a simple ‘maar‑peet’ with mutual injuries, and that the allegations were general, omnibus and ornamental. The State opposed the anticipatory bail, but the court noted the general nature of the accusations, the case‑and‑counter‑case context, and the petitioners’ clean antecedents. Accordingly, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted in view of the general and omnibus nature of the allegations
Whether the petty neighbour dispute and clean antecedents justify bail
Application of Section 482(2) of the B.N.S.S. in granting anticipatory bail

Legislation cited

B.N.S. — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
criminal procedure
Section 482
neighbor dispute
clean antecedents
B.N.S.
B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2872 of 2026
                       Arising Out of PS. Case No.-361 Year-2024 Thana- MOHANPUR District- Gaya
               ======================================================
           1 . Arvind Kumar Son of Raj Kumar Chaudhary Resident of Village-

                 Chuanwar, P.S.- Mohanpur, District- Gaya (Bihar)
           2.    Praveen Kumar Son of Raj Kumar Chaudhary Resident of Village-

                 Chuanwar, P.S.- Mohanpur, District- Gaya (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr. Nand Kishore Prasad Sinha, Advocate

                 For the Opposite Party/s :       Mr. Sanjay Kumar , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                     Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 117(2), 109, 303(2) and 3(5) of the B.N.S..

                                 3. As per prosecution case, informant, namely Lalti

                   Devi, alleged that on 08.12.2024, all the F.I.R. named accused

                   persons, including these petitioners, assaulted informant and her

                   family members by means of lathi and danda and also snatched

                   gold ornaments.
Patna High Court CR. MISC. No.2872 of 2026(2) dt.11-02-2026
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                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that              both parties are close door

          neighbours and on account of petty dispute over cow dung, a

          simple maar-peet took place between the parties in which both

          sides inflicted injuries on each other. Case and counter case .

          Allegation of assault is general and omnibus and no specific

          accusation of overt act has been alleged against these

          petitioners. Rest of the allegations are ornamental in order to

          make the case grave . Petitioners claim clean antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, case and

          counter-case between the parties and clean antecedents of the

          petitioners, 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 A.C.J.M. II,
            Patna High Court CR. MISC. No.2872 of 2026(2) dt.11-02-2026
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                      Sherghati, Gaya in connection with Mohanpur P.S. Case No.

                      361 of 2024 , subject to condition as laid down under Section

                      482(2) of the B.N.S.S..



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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