Patna High Court
Mrityunjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Mr. Mrityunjay Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 352, 109 and 3(5) of the B.N.S. The prosecution alleged that he assaulted the informant’s father with an iron rod, causing injuries. The petitioner contended that the incident stemmed from a long‑standing land dispute, resulting in a simple altercation where both parties were injured, and he has a clean criminal record. The State and the informant opposed the bail application. The Court, after considering the nature of the injuries, the land‑dispute context, and the petitioner’s clean antecedents, allowed the anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the alleged offences under the B.N.S.
- Whether the nature of the injuries and the land‑dispute context justify bail
- Whether the petitioner’s clean antecedents warrant relief
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- assault
- land dispute
- clean antecedents
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5187 of 2026
Arising Out of PS. Case No.-374 Year-2025 Thana- MURLIGANJ District- Madhepura
======================================================
Mrityunjay Kumar S/O Subhash Prasad Yadav Resident of Village- Ramni,
Ward No. 11, P.S- Murliganj, Distirct- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Wasi Ahmad Khan, Advocate
For the State : Ms. Rina Sinha, APP
For the Informant : Mr. Pawan Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 352, 109 and 3(5) of the B.N.S..
3. As per prosecution case, this petitioner is stated to
have assaulted on the head of father of informant with iron rod.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. On account of long standing land
dispute, a simple maar-peet took place between the parties in
which both sides sustained injuries. There is case and counter-
Patna High Court CR. MISC. No.5187 of 2026(2) dt.03-02-2026
2/2
case. Doctor has found the injuries, allegedly caused by this
petitioner, simple in nature. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, case and counter-case between the parties, nature of
injuries allegedly caused by this petitioner and clean
antecedents, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Madhepura in connection with Murliganj P.S. Case No. 374 of
2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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