Patna High Court
Mansur MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, four brothers, were accused of assaulting an informant and her relatives during a land dispute, resulting in injuries including a grievous fracture to the informant's sister's son. They filed an application for anticipatory bail under the Bhartiya Nyaya Sanhita, 2023. The State opposed bail, citing direct allegations of assault and a grievous injury. The court noted the existence of a case and counter‑case and observed that most injuries were simple, with the only grievous injury being to a non‑vital part of the body (the hand). Considering these factors, the court exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail to the petitioners subject to bond and surety conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite allegations of assault and a grievous injury
- Whether the nature and severity of the injuries justify denial of bail
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(2), 126(2), 191(2), 303(2), 351(2), 352, 74/3(5), 76
Subjects
- anticipatory bail
- assault
- land dispute
- grievous injury
- Section 482
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5878 of 2026
Arising Out of PS. Case No.-595 Year-2025 Thana- MAJHAULIA District- West Champaran
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1. Mansur Mian S/o Late Karim Mian Resident of Vill- Gurchurwa, P.S.-
Majhauliya, Dist- West Champaran
2. Majahar Mian S/o Late Karim Mian Resident of Vill- Gurchurwa, P.S.-
Majhauliya, Dist- West Champaran
3. Najruddin Mian S/o Late Idrish Mian @ Late Idrishn Mian Resident of Vill-
Gurchurwa, P.S.-Majhauliya, Dist- West Champaran
4. Kamruddin Mian S/o Late Satar Mian Resident of Vill- Gurchurwa, P.S.-
Majhauliya, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar
For the State : Mr.Dilip Kumar No. 1
For the informant : Mr. Manaur Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 07-05-2026 1. Heard learned Counsel for the petitioners, leanred
Counsel for the informant and learned Additional Public
Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Majhauliya Police Station Case No. 595 of 2025, dated
05.09.2025, disclosing offences punishable under
Sections 115(2)/126(2)/117(2)/109(1)/118(2)/303(2)/74/
3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 23.08.2025, at about 10 AM, while the
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informant was constructing the boundary wall on her
land, the petitioners, along with others, came and started
abusing the informant. When the informant protested, the
petitioner no. 1 assaulted her by means of belcha and the
petitioner nos. 2, 3 and 4 assaulted her by means of lathi
and rod, due to which she sustained injury on her eye and
other parts of the body. When the husband of the
informant, Khursed Alam, came in her rescue, the
petitioner nos. 1, 2 and 3 assaulted him by means of lathi
and rod, due to which he sustained injuries on his head
and both shoulders. When the son of the informant, Md.
Faisal, came in their rescue, the petitioner nos. 1 and 2
tied a coconut rope around his neck and started pulling it.
When the sister’s son of the informant, Irfan, came in
their rescue, co-accused Sahil Alam assaulted him by
means of farsha on his head, due to which he sustained
injury on his head. The petitioner no. 4 also assaulted the
sister’s son of the informant, Irfan, by means of iron rod
on his right hand.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have not committed any
offence in the manner alleged. He further submits that
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there is land dispute between the parties and there is case
and counter case inasmuch as the petitioner no. 2 has filed
Majhaulia Police Station Case No. 586 of 2025, against
the informant and others, for the offences punishable
under Sections 191(2)/126(2)/115(2)/118(2)/117(2)/76/
303 (2)/ 352/351(2) of the Bhartiya Nyaya Sanhita, 2023.
He submits that the case filed by the side of the
petitioners is prior in time. He further submits that the
injuries attributable to the petitioners are simple in nature
except the injury caused to the sister’s son of the
informant, Irfan, i.e. fracture of proximal phalanx of 3rd
digit and fracture shelf of 4th digit, which is grievous in
nature.
5. On the other hand, learned Counsel for the informant
vehemently opposes the prayer for bail and submits that
there is direct allegation of assault upon the petitioners
and one of the injured has sustained grievous injury.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
there is case and counter case between the parties, there is
land dispute between them and the injuries attributable to
the petitioners are simple in nature except the injury
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caused to the sister’s son of the informant, Irfan, which is
grievous in nature, but on the non-vital part of the body,
i.e. hand, I am inclined to grant the petitioners privilege
of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released 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, West Champaran, at Bettiah, in
connection with Majhaulia Police Station Case No. 595 of
2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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