Patna High Court
Om Prakash Rishi @ Mandal @ Omprakash MandalversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
The court denied anticipatory bail to petitioner No.3 due to a specific grievous assault allegation, but granted anticipatory bail to petitioners Nos.1,2,5 and 6 subject to bond conditions, and dismissed the application for petitioner No.4 who was already in custody.
Summary
The petitioners, six brothers and a relative, were accused in an FIR for assaulting the informant's family with iron rods, swords and other weapons in a land‑dispute related incident, invoking IPC sections 147, 148, 149, 341, 323, 326, 307 and 354. They applied for anticipatory bail under Section 438 of the CrPC, claiming fear of arrest, while the State opposed the relief. The court noted that petitioner No.4, Suresh Rishi, had already been arrested, rendering his bail application moot. It held that petitioner No.3, Fakir Rishi, faced a specific allegation of grievous assault with a sword on the informant’s husband, justifying denial of anticipatory bail. Conversely, the allegations against petitioners Nos.1, 2, 5 and 6 were general and arose from the land dispute, leading the court to grant them anticipatory bail subject to a bond of Rs.10,000 with two sureties. The order thus granted bail to four petitioners, denied it to one, and dismissed the application for the already‑arrested petitioner.
Issues considered
- Whether anticipatory bail under Section 438 CrPC should be granted to each petitioner in view of the specific allegations against them.
- Whether the presence of a specific grievous assault allegation precludes the grant of anticipatory bail.
- Whether a general, omnibus allegation in a land‑dispute context warrants anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 147, 148, 149, 307, 323, 326, 341, 354
Subjects
- anticipatory bail
- Section 438 CrPC
- land dispute
- assault
- grievous injury
- IPC sections
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.358 of 2025
Arising Out of PS. Case No.-62 Year-2024 Thana- ANTICHAK District- Bhagalpur
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1. Om Prakash Rishi @ Mandal @ Omprakash Mandal Son of Sri Upendra
Mandal Resident of Village - Laxmipur Bavania, P.S. - Kahalgaon, District -
Bhagalpur
2. Parmanand Rishi Son of Prabhu Rishi Resident of Village - Rishi Tola, Hari
Chak, P.S. - Antichak, District - Bhagalpur
3. Fakir Rishi @ Krishna Mohan Rishi Son of Late Bajrangi Rishi Resident of
Village - Rishi Tola, Hari Chak, P.S. - Antichak, District - Bhagalpur
4. Suresh Rishi Son of Late Bajrangi Rishi Resident of Village - Rishi Tola,
Hari Chak, P.S. - Antichak, District - Bhagalpur
5. Gautam Kumar @ Gautam Rishi Son of Kishan Dev Rishi Resident of
Village - Rishi Tola, Hari Chak, P.S. - Antichak, District - Bhagalpur
6. Shrawan Kumar Son of Ramesh Manjhi Resident of Village - Rishi Tola,
Hari Chak, P.S. - Antichak, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Navjot Yeshu
For the Opposite Party/s : Mr.Rajendra Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 09-04-2026 1. At the very outset, learned counsel for the petitioners
submits that during pendency of this application the petitioner
no. 4- Suresh Rishi has been arrested.
2. Accordingly, this application is dismissed as infructuous qua
the petitioner no. 4- Suresh Rishi.
3. Heard the parties.
4. The remaining petitioners apprehend their arrest in
connection with Kahalgaon (Antichak) P.S. Case No. 62 of
Patna High Court CR. MISC. No.358 of 2025(4) dt.09-04-2026
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2024 dated 19.05.2024 registered under Section 147, 148, 149 ,
341, 323, 326, 307, 354 of the I.P.C.
5. As per the F.I.R. on 18.05.2024 the petitioners along with
other accused persons, armed with iron rod, sword and other
weapons arrived at the residence of the informant and the
petitioner no. 1, 2 , 6 along with other accused persons assaulted
by iron rod to the family members of the informant. The
petitioner no. 3 assaulted the husband of the informant namely
Dhananjay Rishi by sword. The petitioner no. 4 along with the
co-accused assaulted on the head of the son of the informant
namely Sunil Kumar. The petitioner no. 5 assaulted other
members of the informant’s family.
6. Learned counsel for the petitioners submits that both the
parties are neighbours and there is land dispute between them. A
counter case has been lodged by the side of the petitioners
against the informant and others bearing bearing Kahalgaon
(Antichak) P.S. Case No. 63 of 2024 dated 19.05.2024.
Altogether four persons have sustained injury out of whom the
injury sustained by two persons is simple in nature except
Dhananjay Rishi, who has received grievous injury. Assault to
Dhananjay Rishi is attributable to the petitioner no. 3 / Fakir
Rishi @ Krishna Mohan Rishi.
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7. On the other hand, learned counsel for the informant and
State opposed the prayer for anticipatory bail and submits that
the petitioners are named in the F.I.R. and all of them have
assaulted the informant and family members of the informant.
The specific allegation of assault by means of sword on the head
of the informant’s husband Dhananjay Rishi is against the
petitioner no. 3 namely, Fakir Rishi @ Krishna Mohan Rishi.
The injury on the head of Dhananjay Rishi has been found to be
grievous in nature.
8. Regard being had to the submission made by the parties,
taking into consideration the fact that specific allegation of
assault on the head of the informant’s husband is against the
petitioner no. 3 and the injury sustained by the victim is
grievous in nature, as such, I am not inclined to grant
anticipatory bail to the petitioner no. 3- Fakir Rishi @ Krishna
Mohan Rishi. The same is rejected.
9. Insofar as the petitioner nos. 1, 2, 5 & 6 are concerned, the
allegation against them is general and omnibus in nature, there
is case and counter case due to land dispute between the parties,
accordingly, I am inclined to grant anticipatory bail to the
petitioner no. 1, 2, 5 & 6.
10. Let the petitioner no. 1, 2, 5 & 6 , above named, be released
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on anticipatory bail in the event of arrest or surrender before the
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
Chief Judicial Magistrate, Bhagalpur in connection with
Kahalgaon (Antichak) P.S. Case No. 62 of 2024 subject to the
condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J)
praful/-
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