Patna High Court
MUNNA KUMAR @ VIVEK KUMARversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- HARISH KUMAR
Holding
Anticipatory bail was denied to petitioner No. 1 due to the specific grievous‑injury charge, while bail was granted to petitioners No. 2 and No. 3 under Section 482(2) of the BNS.
Summary
The petitioners, three brothers, were implicated in a land‑dispute incident that led to assault and grievous injury to a person named Bhaiya Ram Singh. They applied for anticipatory bail under the Bharatiya Nagrik Suraksha Sanhita, 2023. The court noted that petitioner No. 1 faced a specific charge of causing grievous injury, whereas petitioners No. 2 and No. 3 were subject only to omnibus allegations. Consequently, the court refused anticipatory bail to petitioner No. 1 but granted bail to petitioners No. 2 and No. 3 under Section 482(2) of the BNS, subject to bond and surety conditions. The court also indicated that petitioner No. 1 could seek regular bail upon surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted when a specific charge of grievous assault is made against the accused
- Whether Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, permits bail in cases of omnibus allegations
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 191(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- bail
- land dispute
- assault
- grievous injury
- omnibus allegation
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91191 of 2025
Arising Out of PS. Case No.-203 Year-2024 Thana- RAJPUR District- Rohtas
======================================================
1. Munna Kumar @ Vivek Kumar S/o- Heera Singh R/v- Chapra Ps- Rajpur
Dist- Rohtas
2. Sanoj Kumar S/o- Hridyanand Singh R/v- Chapra Ps- Rajpur Dist- Rohtas
3. Manoj Kumar S/o- Hridyanand Singh R/v- Chapra Ps- Rajpur Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Choubey, Adv.
For the Opposite Party/s : Mr. M K Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned Advocate for the petitioners and the
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Rajpur P.S. Case No. 203 of 2024, registered
for the offences punishable under Sections 191(2), 126(2),
115(2), 352, 351(2) and 109 of the BNS.
3. Allegedly on the fateful day, on account of a land
dispute, in which all the FIR named accused persons, including
the petitioners and twelve named accused persons, were
forcefully trying to construct house over the land, in question,
the same was protested by the informant and others. In course of
such occurrence, the petitioner no. 1 has assaulted one Bhaiya
Ram Singh by means of farsa, due to which he sustained head
injury. There is further allegation against other accused persons
of causing assault to other injured persons. So far the petitioner
Patna High Court CR. MISC. No.91191 of 2025(2) dt.15-01-2026
2/3
nos. 2 and 3 are concerned, there is omnibus nature of allegation
of causing assault.
4. Learned Advocate for the petitioners taking this
Court through the FIR contended that initially omnibus nature
of allegation has been levelled against ten named accused
persons with twelve unknown persons of causing assault, but
only with a view to put pressure and wreck vengeance, the name
of the petitioner no. 1 has been implicated in this case with
specific accusation. In the said incidence where several persons
had assaulted the informant and other persons, the precise
statement of the informant against the petitioner no. 1 appears to
be not trustworthy. Moreover, the petitioners are men of fair
antecedent and they undertake that they will fully co-operate in
the proceeding of the Court. All the more, the genesis of the
occurrence is nothing but a land dispute.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that so far
the petitioner no. 1 is concerned, there is specific accusation of
causing assault over the head of Bhaiya Ram Singh, who has
sustained grievous injury.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the specific accusation against the petitioner no. 1 of causing
Patna High Court CR. MISC. No.91191 of 2025(2) dt.15-01-2026
3/3
grievous injury to the injured Bhaiya Ram Singh, this Court is
not persuaded to enlarge the petitioner on anticipatory bail. So
far the petitioner nos. 2 and 3 are concerned, there is omnibus
nature of allegation against them, besides they are also having
fair antecedent, let the petitioner nos. 2 and 3 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) each with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate First Class, Bikramganj in connection with Rajpur
P.S. Case No. 203 of 2024, 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.
7. Suffice it to observe that if the petitioner no. 1
ensure his surrender before the jurisdictional Court, preferably
within a period of four weeks from today, his prayer for regular
bail shall be considered without being prejudiced by the order of
this Court, on its own merit.
(Harish Kumar, J)
shivank/-
U T
Checking your session…