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Patna High Court

Niraj Kumar @ Mallu Kumar @ Mallu Singh @ MalluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner with conditions, including a bail bond and verification of criminal antecedents.

Summary

The petitioner, Niraj Kumar, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a land‑related assault case filed under multiple sections of the Bhartiya Nyay Sanhita, 2023. The FIR alleged that the petitioner assaulted a victim with an iron rod, causing a simple head injury. The petitioner claimed innocence, arguing the dispute was civil in nature and that the trial court’s bail denial was based solely on his prior criminal record. The State opposed bail, emphasizing the petitioner’s antecedent and the injury. The Court, noting the land‑dispute context and the minor nature of the injury, granted anticipatory bail subject to a Rs.30,000 bond and conditions, including verification of the petitioner’s criminal antecedents and possible cancellation if concealment is discovered.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482 of the BNSS, 2023 in view of the alleged assault and his prior criminal record.
  • Whether the nature of the dispute (land) and the severity of injury justify bail despite pending cases against the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • BNSS 2023
  • Bhartiya Nyay Sanhita
  • land dispute
  • criminal antecedent
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4900 of 2026
                     Arising Out of PS. Case No.-145 Year-2025 Thana- PARWALPUR District- Nalanda
                 ======================================================
                 Niraj Kumar @ Mallu Kumar @ Mallu Singh @ Mallu S/O Suresh Singh @
                 Suresh Prasad Resident of Village- Dariyapur, P.S.- Parwalpur, District-
                 Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Uday Pratap Singh, Advocate
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-02-2026                    Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioner who apprehends arrest

                   in connection with Parwalpur P.S. Case No.145 of 2025, lodged

                   on 04.08.2025, under Section 191(2)/190/126(2)/115(2) /109(1)

                   /329(3)/329(4) of the Bhartiya Nyay Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   five named accused persons including the present petitioner.

                   Specific allegation against the petitioner that he has assaulted by

                   iron rod.
Patna High Court CR. MISC. No.4900 of 2026(2) dt.04-02-2026
                                            2/3




                       4. Learned Counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that from the allegation made in the FIR it becomes

          crystal clear that the dispute between the parties are relating to

          land. He further submits that the Trial Court in the rejection

          order has considered the injury caused to the victim which is

          simple in nature. Counsel submits that the bail application of

          the petitioner transpires to be rejected only due to the ground

          that his antecedent is not clean, there are two criminal cases

          pending against the petitioner. Counsel further submits that

          petitioner is ready to fulfill all the conditions whatsoever shall

          be imposed upon him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that petitioner’s antecedent is

          not clean and head injury is there.

                       6. Considering the fact that the dispute is due to the

          land and injury is simple, let the petitioner, above named, be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of 4 weeks from

          today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty

          Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023

          to the satisfaction of Judicial Magistrate, 1st Class, Hilsa,
          Patna High Court CR. MISC. No.4900 of 2026(2) dt.04-02-2026
                                                      3/3




                    Nalanda, in connection with Parwalpur P.S. Case No. 145 of

                    2025, subject to the conditions as laid down U/s 482(2) of the

                    BNSS, 2023.

                                 7. And further condition that the Trial Court shall

                    verify the criminal antecedents of the petitioner and in case at

                    any stage it is found that the petitioner has concealed his

                    criminal antecedent, the Trial Court shall take step for

                    cancellation of bail bond of the petitioner.                However, the

                    acceptance of bail bonds in terms of the above mentioned order

                    shall not be delayed for purpose of or in the name of

                    verification.



                                                                        (Dr. Anshuman, J)
    Mkr./-

U     T


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