Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that, given the agnate relationship, pending land dispute, counter FIR, and simple nature of injuries, the petitioners are entitled to anticipatory bail.
Summary
Ajit Kumar and Munna Kumar, agnates involved in a long-standing land dispute, were named in FIR No. 487/2025 for alleged assault and other offences under the Bhartiya Nyaya Sanhita. They filed an anticipatory bail application, contending that a prior FIR filed by them (No. 486/2025) preceded the present case and that the injuries caused were simple, while the informant's side suffered grievous injuries. The State opposed the bail, emphasizing the specific allegation that petitioner No.1 assaulted the informant's son causing a head injury. The court noted the mutual agnate relationship, the pending title suit, the existence of a counter‑case, and the nature of injuries, and found no justification to deny bail. Accordingly, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, directing release on bail upon surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of a counter FIR and land dispute
- Whether the nature of injuries and prior FIR affect the grant of anticipatory bail
- Applicability of Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita in granting anticipatory bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 118, 126(2), 303(2), 329(3), 3(5), 351(2), 352
Subjects
- anticipatory bail
- land dispute
- FIR
- counter case
- Bhartiya Nyaya Sanhita
- Section 482
- criminal procedure
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9411 of 2026
Arising Out of PS. Case No.-487 Year-2025 Thana- PIPRA District- East Champaran
======================================================
1. Ajit Kumar son of Ramchandra Prasad Resident Of Village- Tikulia Ps-
Pipra District -East Champaran
2. Munna Kumar Son of Ramchandra Prasad Resident Of Village- Tikulia Ps-
Pipra District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh
For the Opposite Party/s : Mr. Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Pipra Police Station Case No. 487 of 2025, dated
05.11.2025, disclosing offences under Sections
126(2)/115(2)/118/109(1)/303(2)/329(3)/352/351(2)/3(5)
of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 04.11.2025, in the morning while the informant
was working in his field along with his family members,
the persons named in the First Information Report,
including the petitioners, armed with weapons arrived
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there and started abusing, when protested, the accused
persons started assaulting them. It has further been
alleged that the petitioner no. 1 and co-accused Anil
Kumar assaulted the informant’s son Anish Kumar with
farsa and tanguli/tangi and there is no specific allegation
against the petitioner no. 2.
4. Learned counsel for the petitioners submits that both the
parties are agnates having long standing land dispute and
title suit, bearing T. S. No. 751 of 2022, is pending
between the parties in the Court of East Champaran,
Motihari. He next submits that the petitioners’ side was
assaulted by the side of the informant for which the
petitioners’ side lodged First Information Report, bearing
Pipra Police Station Case No. 486 of 2025, which is prior
in time to the present First Information Report. After
lodging of the First Information Report by the petitioners’
side, the present First Information Report, bearing Pipra
Police Station Case No. 487 of 2025, has been lodged by
the side of the informant as a counter case. He further
submits that injuries sustained by the victims are simple
in nature as would be evident from the injury report
annexed at Annexure-P/4 series (page-38 to 42), whereas,
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the petitioners’ side have sustained grievous injuries
which is also annexed at Annexure-P/4 series (page-44
and 45) to the present application. Learned counsel also
submits that accused persons in the First Information
Report lodged by the side of the petitioners have got
anticipatory bail from sub-ordinate court itself.
5. On the other hand, learned counsel for the informant
vehemently opposes the prayer for anticipatory bail and
submits that the petitioners are specifically named in the
First Information Report and the petitioner no. 1 has
assaulted the son of the informant by means of farsa and
tanguli due to which he sustained head injury.
6. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that both the
parties are agnates having long standing land dispute, title
suit is pending between them, case and counter is also
there and injuries sustained by the victims are simple in
nature, I am inclined to grant the petitioners privilege of
anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
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weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Sub-
Divisional Judicial Magistrate-1, East Champaran at
Motihari, in connection with Pipra Police Station Case
No. 487 of 2025, subject to the condition laid down under
Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita,
2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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