Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, three brothers, sought pre‑arrest bail after being implicated in a Mahua police case for alleged assault, attempted kidnapping of a minor, and theft. The incident allegedly occurred on 23 May 2025, but the FIR was lodged only on 31 May 2025, raising questions of delay. The petitioners argued that the allegations were part of an ongoing land dispute and that a prior FIR had been filed by a co‑accused against the informant, suggesting a counter‑blasting motive. The State opposed bail, emphasizing the seriousness of the offences listed under the Bharatiya Nyaya Sanhita, 2023. The Court, noting the omnibus nature of the accusations, the petitioners' clean antecedent, and the FIR delay, exercised its power under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to grant bail with conditions. The order required a bail bond of Rs.10,000 with two sureties and a family member as one bailor, to be filed within four weeks of arrest or surrender.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 329(4), 3(5), 351(2), 352
Subjects
- pre‑arrest bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Section 482(2)
- land dispute
- assault
- kidnapping
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91284 of 2025
Arising Out of PS. Case No.-615 Year-2025 Thana- MAHUA District- Vaishali
======================================================
1. Abhishek Kumar S/O Ganesh Mahato R/O village- Chakdadan, P.S.- Mahua,
District- Vaishali
2. Amit Kumar S/O Ganesh Mahato R/O village- Chakdadan, P.S.- Mahua,
District- Vaishali
3. Sumit Kumar @ Sujeet Kumar @ Sujeet Mahato S/O Ganesh Mahato R/O
village- Chakdadan, P.S.- Mahua, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar, Adv.
For the Opposite Party/s : Mr. Surendra Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 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 Mahua P.S. Case No. 615 of 2028, registered
for the offences punishable under Sections 126(2), 115(2), 109,
117(2), 329(4), 303(2), 352, 351(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. In the noon of 23.05.2025, the petitioners came to
the house of the informant and tried to kidnap his son, aged
about thirteen years, on account of previous dispute. On protest
it is alleged that the petitioners alongwith all the other accused
persons armed with lathi, danda, iron rod and axe brutally
Patna High Court CR. MISC. No.91284 of 2025(2) dt.28-01-2026
2/3
assaulted, due to which he sustained serious injuries. When the
wife of the informant alongwith others came to his rescue, they
were also assaulted by the accused persons, besides there is
allegation of snatching of valuables.
4. Learned Advocate appearing on behalf of the
petitioners taking this Court through the FIR contended that
admittedly there is a previous dispute and, as such, the false
implication of the petitioners cannot be ruled out, that too when
the present FIR came to be instituted on 31.05.2025 with regard
to an occurrence which took place on 23.05.2025, without there
being any explanation for delay. Though as per the impugned
order, one of the injury is said to be grievous in nature, but the
same is not attributed specifically against any of the accused
persons including the petitioners. The parties are agnates and
they are bickering over a land dispute, besides the petitioners
having fair antecedent. It is lastly contended that the present
case is nothing but a counterblast to Mahua P.S. Case No. 602 of
2025 instituted against the informant and others on 23.05.2025
itself by one Lala Sah, one of the accused of the present case.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that the petitioners have brutally assaulted the informant and
others.
Patna High Court CR. MISC. No.91284 of 2025(2) dt.28-01-2026
3/3
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the fact that prior to the institution of the present case, one of
the co-accused person has already instituted FIR against the
informant bearing Mahua P.S. Case No. 602 of 2025, besides the
omnibus nature of allegation and the fair antecedent of the
petitioners, as also the delay in lodging of the FIR, 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 Court of A.C.J.M.-IV, Vaishali at Hajipur in
connection with Mahua P.S. Case No. 615 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
Checking your session…