Patna High Court
Niraj Kumar @ Mallu Kumar @ Mallu Singh @ MalluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482, 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 329(3), 329(4)
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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