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Patna High Court

MUNNA KUMAR @ VIVEK KUMARversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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


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