Created by Fuzzy Cloud

Patna High Court

Shiv Mangal KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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/-

U √     T   √


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.