Patna High Court
Mukesh Kumar @ Mukesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118, 126(2), 191(2), 191(3), 3(5), 351(2), 352
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
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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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