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Patna High Court

Mukesh Kumar @ Mukesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted pre‑arrest bail to the petitioners, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, a group of eight men from Amha village, sought pre‑arrest bail in connection with a land‑dispute incident that led to the assault of an informant and his family, resulting in four serious injuries. The FIR alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including offences relating to rioting, assault, and criminal intimidation. The petitioners argued that the injuries were simple, the dispute was a spontaneous fight, and they have a clean antecedent, supporting a bail grant. The State opposed bail, contending that the petitioners actively participated in a brutal assault. After considering the nature of the injuries, the existence of a land dispute, and the petitioners’ fair antecedent, the court granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and a family‑member surety, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether pre‑arrest bail can be granted under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in a case involving multiple serious offences.
  • Whether the nature of injuries (simple vs serious) and the petitioners' antecedent justify bail.
  • Whether the land‑dispute context mitigates the alleged criminal conduct.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita
  • Section 482
  • land dispute
  • simple injuries
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70981 of 2025
                         Arising Out of PS. Case No.-37 Year-2025 Thana- Lokha District- Supaul
                 ======================================================
           1.     Mukesh Kumar @ Mukesh Yadav S/O Late Mahichandra Yadav R/O
                  Village- Amha, Ward No. 01, P.S- Laukaha, Dist.- Supaul.
           2.    Jaynath Yadav @ Jay Naraian Yadav S/O Late Shivji Yadav R/O Village-
                 Amha, Ward No. 01, P.S- Laukaha, Dist.- Supaul.
           3.    Nitish Kumar @ Nitish Yadav @ Nitin Yadav S/O Umesh Yadav R/O
                 Village- Amha, Ward No. 01, P.S- Laukaha, Dist.- Supaul.
           4.    Satish Kumar @ Satish Yadav S/O Umesh Yadav R/O Village- Amha, Ward
                 No. 01, P.S- Laukaha, Dist.- Supaul.
           5.    Umesh Yadav S/O Mahichandra Yadav R/O Village- Amha, Ward No. 01,
                 P.S- Laukaha, Dist.- Supaul.
           6.    Gaurav Kumar @ Gaurav Yadav S/O Ganesh Yadav R/O Village- Amha,
                 Ward No. 01, P.S- Laukaha, Dist.- Supaul.
           7.    Alok Kumar S/O Baidyanath Yadav R/O Village- Amha, Ward No. 01, P.S-
                 Laukaha, Dist.- Supaul.
           8.    Baidyanath Yadav @ Baijnath Yadav S/O Late Shivji Yadav R/O Village-
                 Amha, Ward No. 01, P.S- Laukaha, Dist.- Supaul.
           9.     Ganesh Yadav S/O Mahichandra Yadav R/O Village- Amha, Ward No. 01,
                  P.S- Laukaha, Dist.- Supaul.
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Murari Narain Chaudhary, Adv.
                 For the Opposite Party/s :        Mr. Md. Mushtaque Alam, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   11-02-2026                  Heard learned Advocate appearing on behalf of the

                   petitioners and the learned Additional Public Prosecutor for the

                   State.

                                2. The petitioners are apprehending their arrest in

                   connection with Lokha (District-Supaul) P.S. Case No. 37 of

                   2025, registered for the offences punishable under Sections 109,
Patna High Court CR. MISC. No.70981 of 2025(3) dt.11-02-2026
                                            2/3




          115(2), 118, 126(2), 191(2), 191(3), 351(2), 352 and 3(5) of the

          Bharatiya Nyaya Sanhita, 2023.

                       3. Allegedly on the fateful day, all the FIR named

          accused persons came to the door of the informant and started

          abusing as to why he has harvested the crops of wheat, despite the

          fact it belongs to them. When the same was objected by the

          informant, on the exhortation made by co-accused Jaynath Yadav,

          all the other accused persons including the petitioners have brutally

          assaulted the informant and his brothers, as well as other family

          members, due to which four persons have sustained serious injuries.

                       4. Learned Advocate appearing on behalf of the

          petitioners taking this Court through the FIR contended that

          admittedly there is a land dispute, which resulted into a free

          fight, leading to injuries to persons of both the sides. There is a

          counter version of the present case being Lokha P.S. Case No.

          40 of 2025 instituted against seventeen accused persons

          including the informant of the present case. Injuries which are

          allegedly sustained to the informant and others, all of them have

          been found to be simple in nature. To support the aforesaid

          contention, the copies of the injury report has been placed on

          record as Annexure P/3 series. The petitioners are said to be

          men of fair antecedent.
             Patna High Court CR. MISC. No.70981 of 2025(3) dt.11-02-2026
                                                         3/3




                                    5. On the other hand, learned Advocate for the State

                       vehemently opposed the pre-arrest bail application and submits

                       that all the petitioners have actively participated in the crime

                       and brutally assaulted the informant and others.

                                    6. Having considered the submissions advanced by

                       learned Advocate for the respective parties and taking note of

                       the factum of case and counter case, coupled with the simple

                       nature of injuries, besides the fair antecedent, let the petitioners

                       above named be released on bail, in the event of their arrest or

                       surrender before the court below within a period of four weeks

                       from the date of receipt/production of a copy of this order, upon

                       furnishing bail bonds of Rs.10,000/- (ten thousand) with two

                       sureties of the like amount each to the satisfaction of the learned

                       Judicial Magistrate 1st Class, Supaul in connection with Lokha

                       P.S. Case No. 37 of 2025, subject to the conditions laid down in

                       Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023

                       with the further condition that one of the bailors shall be the

                       own/close family members of the petitioners.



                                                   (Harish Kumar, J)
supratim/-

U      T


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