Patna High Court

Brajesh Kumar @ Vijesh PrasadversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioners.

Summary

The petitioners, Brajesh Kumar and Saheb Kumar, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged theft of a gold mangalsutra and robbery of Rs. 50,000. The FIR alleges that petitioner 1 snatched the mangalsutra while petitioner 2, with a co‑accused, entered the informant’s house, misbehaved with female members and committed theft. The petitioners contended that they are innocent, have clean antecedents, and that the allegations stem from a long‑standing land dispute and a case‑and‑counter‑case scenario. The State opposed the bail application. Considering the nature of the accusations, the relationship between the parties, the existence of a counter‑case and the petitioners’ clean record, the court granted anticipatory bail subject to a bail‑bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita given the nature of the allegations.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352, 482(2), 76

Subjects

anticipatory bail
bail
criminal procedure
Bharatiya Nyaya Sanhita
theft
land dispute
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5597 of 2026
                  Arising Out of PS. Case No.-391 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
           1.     Brajesh Kumar @ Vijesh Prasad Son of Late Dwarika Prasad Resident of
                  Village - Godhwa, P.S. - Motihari, Muffasil, District - East Champaran.
           2.     Saheb Kumar Son of Kameshwar Prasad Resident of Village - Godhwa, P.S.
                  - Motihari, Muffasil, District - East Champaran.
                                                                          ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Madhurendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Manoj Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 191(2), 190, 126(2),

                   109(1), 115(2), 118(1), 117(2), 76, 303(2), 352, 351(2) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., petitioner no. 1 is alleged to have

                   snatched gold Mangalsutra and petitioner no. 2 along with co-

                   accused Umesh Prasad is alleged to have entered the house of

                   informant, misbehaved with the female family members of

                   informant and committed theft of Rs. 50,000/-.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence. Both
            Patna High Court CR. MISC. No.5597 of 2026(2) dt.04-02-2026
                                                        2/2




                      parties are gotiyas and due to long pending land dispute,

                      altercation took place in which both sides inflicted injuries on

                      each other. Specific accusation of assault is against other co-

                      accused persons. Case and counter case. Rest of the allegations

                      are ornamental only to make the case grave. Petitioners claim

                      clean antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering the nature of accusation, relationship

                      between the parties, case and counter case and clean antecedent,

                      this anticipatory bail is allowed and it is ordered that let the

                      above named petitioners in the event of their arrest/surrender

                      before the court below within a period of eight weeks from

                      today, be enlarged 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 Chief Judicial Magistrate,

                      East Champaran, Motihari in connection with Motihari Muffasil

                      P. S. Case No. 391 of 2025, subject to condition as laid down

                      under Section 482(2) of the BNSS.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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