Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied to petitioner No.3 due to a specific allegation of grievous assault, but granted to petitioners No.1 and No.2.
Summary
The petitioners Nitish Kumar, Deepak Kumar and Pramod Mahto sought anticipatory bail under Section 438 of the CrPC in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault on an informant and his nephew while ploughing a field. The FIR alleges that the petitioners were armed, that petitioner No.3 (Pramod Mahto) struck the informant on the head with an iron rod causing a grievous injury, and that the others participated in the assault. The petitioners argued that the dispute was a land matter, that the allegations were general and omnibus, and that co‑accused had already been granted bail. The State highlighted the specific allegation of a grievous head injury against petitioner No.3. The Court held that because of the specific and serious nature of the allegation against petitioner No.3, anticipatory bail could not be granted to him, but granted bail to petitioners No.1 and No.2 as the allegations against them were less specific and the injury to the other victim was simple. Consequently, anticipatory bail was ordered for petitioners No.1 and No.2 subject to standard conditions, and denied for petitioner No.3.
Issues considered
- What is the appropriateness of granting anticipatory bail to each petitioner given the nature of the allegations and the severity of injuries alleged under the Bharatiya Nyaya Sanhita?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- grievous injury
- assault
- land dispute
- Section 438
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75509 of 2025
Arising Out of PS. Case No.-169 Year-2025 Thana- KHANPURA District- Samastipur
======================================================
1. Nitish Kumar S/o Dilip Mahto R/o Village- Bhorejairam ward no. 01, P.S.-
Khanpur, District- Samastipur
2. Deepak Kumar S/o Dilip Mahto R/o Village- Bhorejairam ward no. 01, P.S.-
Khanpur, District- Samastipur
3. Pramod Mahto @ Pramod Kumar S/o Ram Udgar Mahto R/o Village-
Bhorejairam ward no. 01, P.S.- Khanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sharda Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 09-04-2026 Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Khanpura Police Station Case No. 169 of 2025,
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of Bharatiya
Nyaya Sanhita.
3. The prosecution case, as per the First Information
Report, is that on 08.07.2025, the informant got the information
that in the night at about 10:30 P.M., the petitioners along with
other accused persons were ploughing his field. On such
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information, the informant and his nephew went to their field
and saw that the accused persons, including the petitioners, were
armed with weapons and were phoughing the field with a
tractor. When objected, petitioner no. 1 ordered to kill the
informant. Upon this, petitioner no. 3 gave an iron rod blow on
the head of the informant, due to which he fell down, and when
the informant’s nephew came to rescue him, petitioner no. 2
Deepak Kumar and petitioner no. 3 assaulted him and other
family members, including neighbours.
4. Learned counsel for the petitioners submits that
there is previous land dispute between the parties and the
counter case has also been lodged by the side of the petitioners
against the informant bearing Khanpur P.S. Case No. 184 of
2025. The allegation against the petitioners is general and
omnibus in nature. The other co-accused persons have been
granted anticipatory bail by the impugned order itself.
5. On the other hand, learned counsel for the State,
referring to the case diary submits that there is specific
allegation of assault on the head of the informant against
petitioner no. 3 and the injury sustained by the informant on his
head is grievous in nature. The injury sustained by the other
victim is simple in nature.
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6. Regards being had to the submissions made by the
parties, taking into consideration the fact that there is specific
allegation against petitioner no. 3 that he assaulted the informant
on his head by iron rod and the injury sustained by the
informant is grievous in nature on the vital part of the body, I
am not inclined to grant anticipatory bail to petitioner no. 3 and
the same is rejected.
7. Accordingly, the prayer for anticipatory bail is
rejected against petitioner no. 3 only.
8. In so far as petitioner nos. 1 and 2 are concerned,
petitioner no. 1 is an order giver, and the allegation against
petitioner no. 2 is general and omnibus in nature and the other
victim has sustained simple injury, I am inclined to grant
petitioner nos. 1 and 2, privilege of anticipatory bail.
9. This application is, accordingly, allowed for
petitioner nos. 1 and 2 only.
10. Let the petitioner Nos. 1 and 2, above named, in
the event of their arrest or surrender before the Court below
within four weeks, be released 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 learned Judicial Magistrate 1 st
Class, Samastipur, in connection with Khanpura Police Station
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Case No. 169 of 2025, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
Siwani/-
U T
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