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Patna High Court

Laddu Kumar @ Sunil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was denied to Anil Mahato and granted to Laddu Kumar subject to strict conditions.

Summary

The petitioners, Laddu Kumar and Anil Mahato, sought anticipatory bail in connection with FIR No. 244 of 2025 alleging assault during a wedding ceremony. The informant claimed that Anil Mahato inflicted a two‑centimetre knife wound on his stomach, while Laddu Kumar allegedly participated in a lathi assault. The petitioners argued that there is a counter‑case, the injury to the informant was superficial, and one of the co‑accused, Anand Kumar, is also an informant. The court found that the evidence against Anil Mahato was sufficient to deny his anticipatory bail, whereas the case against Laddu Kumar, though involving an omnibus allegation and prior criminal antecedents, did not show further injury beyond that caused by Mahato. Consequently, the court rejected Mahato’s bail application and granted anticipatory bail to Laddu Kumar with stringent conditions, including a bail bond, sureties, regular appearances before the trial court and police, and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to Anil Mahato given the alleged knife wound and his criminal antecedents.
  • Whether anticipatory bail should be granted to Laddu Kumar despite an omnibus allegation and prior criminal record.
  • Whether the nature and extent of the alleged injury affect the grant of anticipatory bail.
  • Whether imposing conditions on anticipatory bail is appropriate in the circumstances.

Legislation cited

  • BNS — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5)

Subjects

  • anticipatory bail
  • criminal antecedents
  • omnibus allegation
  • FIR
  • assault
  • wedding dispute
  • bail conditions
  • Bihar Negotiable Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.531 of 2026
                  Arising Out of PS. Case No.-244 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
           1.     Laddu Kumar @ Sunil Kumar S/o Dinesh Mahato R/o vill- East Kargahiya,
                  PS- Bettiah Muffasil, Dist- West Champaran
           2.    Anil Mahato S/o Dinesh Mahato R/o vill- East Kargahiya, PS- Bettiah
                 Muffasil, Dist- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gyan Prakash, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-02-2026                  Heard Mr. Gyan Prakash, learned counsel for the

                   petitioners and Mr. Bhanu Pratap Singh, learned APP.

                                2. The petitioners are apprehending their arrest in

                   connection with Bettiah Muffasil P.S. Case No. 244 of 2025 for

                   the offence under sections 126(2), 115(2), 118(1), 109(1),

                   303(2) and 3(5) of the BNS lodged on 10.05.2025 by the

                   informant, Parmeshwar Chaudhary.

                                3. As per the prosecution story, the informant alleged

                   that on 05.05.2025, he solemnized the marriage of his daughter.

                   On that day, certain dispute arose in the area. On 08.05.2025 as

                   he was to take out the baraat of his son, the accused persons

                   assembled and assaulted them. Allegation against Anil Mahto
Patna High Court CR. MISC. No.531 of 2026(2) dt.04-02-2026
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          (petitioner no. 2) is of having given knife blow in the stomach

          causing injury then the petitioner no. 1, Laddu Kumar beside

          Anand Kumar and others assaulted him with lathi. This led to

          the FIR.

                       4. Learned counsel for the petitioners submit that

          there is a case and counter-case, Anand Kumar, one of the co-

          accused, has also suffered injuries and he is the informant in the

          FIR lodged against the present informant side. Even the injury

          inflicted by Anil Mahto has been found to be superficial in

          nature.

                       5. Learned APP opposes the prayer submitting that so

          far as Anil Mahto is concerned, two centimeter wound has been

          found in the stomach of the informant which has alleged to have

          been inflicted by him and though omnibus allegation has been

          alleged against the petitioner no. 1, he carries criminal

          antecedents.

                       6. Considering the submission of the parties and the

          allegation that has come against Anil Mahto (petitioner no. 2),

          his anticipatory bail application stands rejected.

                       7. So far as petitioner no. 1, Laddu Kumar @ Sunil

          Kumar is concerned, he is twenty two year of age, though has

          criminal antecedents, omnibus allegation has been made and the
Patna High Court CR. MISC. No.531 of 2026(2) dt.04-02-2026
                                            3/4




          learned Sessions Judge order do not show the further injuries

          save and except the injury on the stomach of the informant

          inflicted by Anil Mahato (petitioner no. 2), in that background,

          this Court is inclined to extend him the privilege of anticipatory

          bail with conditions.

                       8. Let the petitioner no. 1, Laddu Kumar @ Sunil

          Kumar be released on bail in the event of arrest or surrender

          within a period of four weeks from the receipt of this order, on

          furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

          sureties of like amount each to the satisfaction of learned

          District and Additional Sessions Judge -VIII, West Champaran

          at Bettiah in connection with Bettiah Muffasil P.S. Case No. 244

          of 2025 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner no. 1, Laddu Kumar @ Sunil

          Kumar who shall provide official document (Aadhaar

          Card/Voter ID Card/Pan Card/Driving License) to show his/her

          bona fide;

                       (ii) the petitioner no. 1, Laddu Kumar @ Sunil Kumar

          shall appear on each and every date before the Trial Court and

          failure to do so for two consecutive dates without plausible

          reason will entail cancellation of his bail bond by the Trial Court
          Patna High Court CR. MISC. No.531 of 2026(2) dt.04-02-2026
                                                      4/4




                    itself;

                                 (iii) the petitioner no. 1, Laddu Kumar @ Sunil

                    Kumar shall appear before the concerned police station every

                    month for six months to mark their attendance and after the end

                    of the period, the certificate shall be submitted before the Trial

                    Court failing which steps shall be taken for the cancellation of

                    the bail bonds;

                                 (iv) the petitioner no. 1, Laddu Kumar @ Sunil

                    Kumar shall in no way try to induce or promise or threat the

                    witnesses or tamper with the evidences, failing which the State

                    shall be at liberty to take steps for cancellation of the bail bonds;

                                 (v) the petitioner no. 1, Laddu Kumar @ Sunil Kumar

                    shall desist from committing any criminal offence again, failing

                    which the State shall be at liberty to take steps for cancellation

                    of the bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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