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Patna High Court

Mrityunjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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