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Patna High Court

Om Prakash Rishi @ Mandal @ Omprakash MandalversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                 ======================================================
           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.
Patna High Court CR. MISC. No.358 of 2025(4) dt.09-04-2026
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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
               Patna High Court CR. MISC. No.358 of 2025(4) dt.09-04-2026
                                                           4/4




                         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/-

U          T


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