Patna High Court
Ajeet Kumar @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under Section 482(2) of the Bihar Criminal Procedure Code.
Summary
The petitioner, Ajeet Kumar, sought relief fearing arrest in connection with PS Mirganj Case No.83 of 2025, which alleged offences under several sections of the Bihar Penal Code for assaulting an informant over a straw‑related land dispute and allegedly snatching a gold Hanuman idol. The petitioner argued that the dispute originated from a land issue, that injuries to his side were not explained, and that the injuries to the informant were minor, supporting his claim with an injury report. He also highlighted that co‑accused in similar circumstances had been granted anticipatory bail in Cr. Misc. No.86706 of 2025 and that he possessed a clean antecedent. The State contended that the petitioner actively participated in the crime. Considering the limited role attributed to the petitioner, the existence of a counter‑case, the precedent of bail to co‑accused, and his good antecedent, the Court ordered that he be released on bail upon surrender, subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations under Sections 191(2), 191(3), 126(2), 115(2), 109, 303(2) and 352 of the Bihar Penal Code.
- Whether the precedent of granting bail to co‑accused in a similar case warrants granting bail to the petitioner.
Subjects
- anticipatory bail
- land dispute
- assault
- theft
- criminal procedure
- Section 482
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90762 of 2025
Arising Out of PS. Case No.-83 Year-2025 Thana- MIRGANJ District- Purnia
======================================================
Ajeet Kumar @ Ajit Kumar S/O Vijendar Yadav R/O Vill.- Barhkona, P.S.-
Mirganj, Dist.- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Adv.
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard learned Advocate for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Mirganj P.S. Case No.83 of 2025 registered for the
offences punishable under Sections 191(2), 191(3), 126(2),
115(2), 109, 303(2) and 352 of the BNS.
3. The petitioner along with other accused persons are
said to have abused and assaulted the informant over the dispute
of keeping straw on his hutment. It is specifically alleged
against the petitioner that he snatched a Golden Hanumani of 10
gram from the neck of the informant.
4. Learned Advocate for the petitioner contended that
the genesis of the occurrence is a land dispute which resulted
into a free fight and lodging of the case and counter case,
Patna High Court CR. MISC. No.90762 of 2025(2) dt.15-01-2026
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bearing Mirganj P.S. Case No.85 of 2025, instituted against the
informant and others. In the afore-noted occurrence, the persons
of both the sides have sustained serious injuries; however, the
prosecution has failed to explain the injuries, which are
allegedly sustained to the persons of the petitioner’s side. It is
further contended that so far the injuries, which are allegedly
sustained to the informant are concerned, the same have been
found to be simple in nature. To support the aforesaid
contention, the injury report has been placed on record as
Annexure-P/2 to the bail application. It has also been apprised
that other co-accused persons who are facing almost identical
allegation have been allowed the privilege of anticipatory bail
by a Bench of this Court in Cr. Misc. No.86706 of 2025. The
petitioner bears fair antecedent.
5. On the other hand, learned Advocate for the State
submitted that the petitioner has actively participated in the
crime.
6. Having considered the limited role of the petitioner
as alleged in the FIR, besides the factum of the case and counter
case in the genesis of the land dispute as also the fact that the
other accused persons facing identical allegation have been
allowed the privilege of anticipatory bail as well as the fair
Patna High Court CR. MISC. No.90762 of 2025(2) dt.15-01-2026
3/3
antecedent of the petitioner, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
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, Purnea in connection with Mirganj
P.S. Case No.83 of 2025, subject to the condition as laid down
under Section 482(2) of the BNSS, with further condition that
one of the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
rohit/-
U T
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