Patna High Court
Shiv Mangal KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
The court held that anticipatory bail should be granted to petitioner no.1 as the allegations against him are general, he has no criminal antecedent, and the case stems from a land dispute.
Summary
The petitioners, Shiv Mangal Kumar and Rajnath Yadav, were implicated in a land‑dispute case where an FIR alleged assault with iron rods. Rajnath Yadav was arrested, rendering his anticipatory bail application infructuous, while Shiv Mangal Kumar, a 23‑year‑old student with a clean record, sought anticipatory bail. The petitioner's counsel argued that the FIR contains only a general, omnibus allegation against him and that the dispute is longstanding. The court noted the lack of specific charge, the petitioner's clean antecedent, and the background of the land dispute, and therefore granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether petitioner no.1 is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegations in the FIR constitute a specific charge against petitioner no.1.
- Whether the petitioner’s clean antecedent and the underlying land dispute justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 2, 3, 3(5), 352, 76
Subjects
- anticipatory bail
- land dispute
- assault
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- first information report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9369 of 2026
Arising Out of PS. Case No.-46 Year-2025 Thana- Manikpur P.S District- Arwal
======================================================
1. Shiv Mangal Kumar S/o Rajnath Yadav
2. Rajnath Yadav S/o Late Saryu Yadav, Both are resident of Village- Kripa
Bigha, P.S.- Manikpur, District- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 1. Learned Counsel for the petitioners informs that the
petitioner no. 2, Rajnath Yadav, has been arrested by the
police during the pendency of this application and this
application, so far as petitioner no. 2 is concerned, has
become infructuous.
2. Accordingly, this application, so far as petitioner no. 2, is
concerned, is dismissed as having become infructuous.
3. This application will now survive only for petitioner no.
1.
4. Heard learned Counsel for the petitioner no. 1 and learned
Additional Public Prosecutor for the State.
5. This application, for grant of anticipatory bail, arises out
of Manikpur Police Station Case No. 46 of 2025, dated
17.06.2025, disclosing offences punishable under
Sections 191 (2)/115(2)/191(3)/190/126(2)/118(1)/76/
Patna High Court CR. MISC. No.9369 of 2026(2) dt.12-03-2026
2/3
109/352/3(5) of the Bhartiya Nyaya Sanhita, 2023.
6. The prosecution case, as per the First Information Report,
is that due to land dispute, on 16.06.2025, the accused
persons named in the First Information Report, including
the petitioner no. 1, started constructing parapet upon the
disputed site and upon objection made by the informant,
co-accused Raj Kumar Ranjan, Rajnath Yadav and Mantu
Kumar, having iron-rod and lathi in their hands, started
abusing and co-accused Rajnath Yadav assaulted with
iron rod on his head due to which he sustained injury. It
has further been alleged that when the father of the
informant intervened, co-accused Raj Kumar Ranjan and
Mantu Kumar and other accused persons assaulted him
also with iron rods.
7. Learned Counsel for the petitioner no. 1 submits that the
petitioner has falsely been implicated in this case due to
long standing land dispute between the parties. There is
no specific allegation against the petitioner no. 1 in the
First Information Report. The specific allegation of
assault is against co-accused Rajnath Yadav, who has
already been arrested. The petitioner is a student, aged
about 23 years, having clean antecedent and the entire
Patna High Court CR. MISC. No.9369 of 2026(2) dt.12-03-2026
3/3
family members of the petitioner has been implicated in
this case.
8. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the allegation against the petitioner is general and
omnibus in nature, there is previous dispute between the
parties and the petitioner is having no criminal
antecedent, I am inclined to grant the petitioner no. 1
privilege of anticipatory bail.
9. This application is, accordingly, allowed.
10. Let the petitioner no. 1, above named, in the event of his
arrest or surrender before the Court below within a period
of four weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned 1st Additional Chief Judicial Magistrate, Arwal, in
connection with Manikpur Police Station Case No. 46 of
2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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