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Patna High Court

Mansur MianversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
Patna High Court CR. MISC. No.5878 of 2026(5) dt.07-05-2026
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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
Patna High Court CR. MISC. No.5878 of 2026(5) dt.07-05-2026
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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
            Patna High Court CR. MISC. No.5878 of 2026(5) dt.07-05-2026
                                                        4/4




                               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/-

U √     T   √


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