Patna High Court
Anisa Kumari @ Manish KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, holding that the allegations were vague and the case arose from a civil land dispute, warranting relief under Section 482(2).
Summary
The petitioners, a group of co‑sharers involved in a land dispute, applied for anticipatory bail in connection with Mehsi Police Station Case No. 237 of 2025, which alleged offences under multiple sections of the Bhartiya Nyaya Sanhita. The prosecution alleged that the petitioners, along with 66 other persons, assaulted the informant’s family, causing injuries. The petitioners contended that the allegations were vague, the case was a counter‑blast to a FIR they had filed, and the dispute was essentially civil. The court noted the existence of a land dispute and the lack of specific evidence, particularly the absence of a medical opinion on serious injuries, and considered the provisions of Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. Accordingly, the court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs 10,000 with two sureties if arrested within four weeks. The order was pronounced by Justice Anil Kumar Sinha.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bhartiya Nyaya Sanhita.
- Whether the allegations are sufficiently specific to deny bail.
- Whether Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the grant of anticipatory bail in this context.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352, 76
Subjects
- anticipatory bail
- land dispute
- co‑sharers
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- FIR
- counter FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4930 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- MEHSI District- East Champaran
======================================================
1. Anisa Kumari @ Manish Kumari D/o Jaikishun Ram R/o Village -
Bhimalpur, P.S - Mehsi, District - East Champaran, Motihari
2. Mamta Devi W/o Bipin Ram R/o Village - Bhimalpur, P.S - Mehsi, District -
East Champaran, Motihari
3. Shobha Devi W/o Rakesh Ram R/o Village - Bhimalpur, P.S - Mehsi,
District - East Champaran, Motihari
4. Vikash Kumar S/o Jaikishun Ram R/o Village - Bhimalpur, P.S - Mehsi,
District - East Champaran, Motihari
5. Bipin Ram S/o Jaikishun Ram R/o Village - Bhimalpur, P.S - Mehsi, District
- East Champaran, Motihari
6. Rakesh Ram S/o Jaikishun Ram R/o Village - Bhimalpur, P.S - Mehsi,
District - East Champaran, Motihari
7. Netesh Ram @ Netosh Ram @ Netesh Kumar S/o Jaikishun Ram R/o
Village - Bhimalpur, P.S - Mehsi, District - East Champaran, Motihari
8. Jaikishun Ram S/o Banshi Ram R/o Village - Bhimalpur, P.S - Mehsi,
District - East Champaran, Motihari
9. Bachhi Devi W/o Jaikishun Ram R/o Village - Bhimalpur, P.S - Mehsi,
District - East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra
Mr. Dhandev Kumar
Ms. Isha Mishra
For the Opposite Party/s : Mr. Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 07-04-2026 1. Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Mehsi Police Station Case No. 237 of 2025, dated
Patna High Court CR. MISC. No.4930 of 2026(4) dt.07-04-2026
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14.08.2025, disclosing offences under Sections
126(2)/115(2)/118(1)/109/76/303(2)/190/191(2)/352/351(
2) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, is brief, is that while the informant
was sitting at her door, all 66 FIR named persons,
including the petitioners, came there variously armed and
assaulted the family members of the informant due to
which they sustained injuries.
4. Learned counsel for the petitioners submits that both the
parties are co-sharer and there is land dispute between
them. The allegation against the petitioners are general
and omnibus in nature. She next submits that the present
case is counter blast to the FIR, bearing Mehsi Police
Station Case No. 236 of 2025, lodged by the petitioner
no. 9 against the informant and others for the occurrence
which took place on the same date and time. Referring to
the injury report annexed as Annexure-P/2 series, learned
counsel submits that nine persons have sustained injuries,
out of whom six have sustained simple injuries, while in
respect of the remaining three persons, the opinion of the
doctor has been kept reserved. It is further submitted that
the prosecution, during course of arguments, has not
Patna High Court CR. MISC. No.4930 of 2026(4) dt.07-04-2026
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produced the doctor’s opinion
5. Regards being had to the submissions made on behalf of
the parties and taking into consideration the fact that there
is land dispute between the parties, who are co-sharer,
having case and counter case, I am inclined to grant the
petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
weeks, be released 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 learned Judicial
Magistrate First Class, East Champaran at Motihari, in
connection with Mehsi Police Station Case No. 237 of
2025, subject to the condition laid down under Section
482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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