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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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