Patna High Court
Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, three residents of Sahebganj, sought anticipatory bail fearing arrest in a case arising from a land dispute where they allegedly assaulted an informant and his family with sticks and other weapons. The FIR listed offences under several sections of the Bharatiya Nyaya Sanhita, including assault, rioting and criminal intimidation. The petitioners argued that the allegations were general, injuries were simple, and they had a clean antecedent, contending there was no specific overt act attributable to them. The State and the informant opposed bail, asserting the seriousness of the charges. Considering the nature of the accusations, the simplicity of injuries, the existence of a case‑counter‑case, and the petitioners’ clean record, the court granted anticipatory bail, directing them to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple serious offences arising from a land dispute
- Whether the allegations constitute a specific overt act sufficient to deny bail
- Whether the petitioners’ clean antecedent and the nature of injuries justify granting bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 308(4), 3(5), 352, 76
Subjects
- anticipatory bail
- land dispute
- assault
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4161 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- Vishwavidalaya District- Bhagalpur
======================================================
1. Mithilesh Kumar S/o Dinesh Mandal R/o Village- Sahebganj, Bind Toli, PS-
Vishwa Vidyalaya, District- Bhagalpur
2. Randheer Mandal @ Randhir Kumar Mandal S/o Satyanarayan Mandal R/o
Village- Sahebganj, Bind Toli, PS- Vishwa Vidyalaya, District- Bhagalpur
3. Ranjeet Mandal @ Ranjeet Kumar S/o Satyanarayan Mandal @ Sachita
Mandal R/o Village- Sahebganj, Bind Toli, PS- Vishwa Vidyalaya, District-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P.
For the Informant : Mr. Ashok Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109, 76, 308(4), 303(2), 352, 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., due to land dispute, these petitioners
assaulted informant and his family members by means of lathi,
danda, garasa, khanti, dabiya.
4. Learned counsel for the petitioners submits that on
account of land dispute, altercation took place between the
Patna High Court CR. MISC. No.4161 of 2026(2) dt.19-02-2026
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parties in which both sides inflicted injuries on each other.
Allegation of assault is general and omnibus and there is no
allegation of any specific overt act against these petitioners.
Case and counter case. Injuries sustained by the injured are
simple in nature. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation, injuries, case
and counter case and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioners in
the event of their arrest/surrender before the court below within
a period of eight weeks from today, 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
Additional Chief Judicial Magistrate II, Bhagalpur in connection
with Vishwavidyalay P. S. Case No. 88 of 2025, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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