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Patna High Court

Mithilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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