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2026 DAILYLAW 10289 (PAT)

Mithilesh Kumar v. The State of Bihar

CR. MISC./4161/2026 · 2026-02-19

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4161 of 2026 Arising Out of PS. Case No.-88 Year-2025 Thana- Vishwavidalaya District- Bhagalpur ====================================================== 1. Mithilesh Kumar S/o Dinesh Mandal R/o Village- Sahebganj, Bind Toli, PS- Vishwa Vidyalaya, District- Bhagalpur 2. Randheer Mandal @ Randhir Kumar Mandal S/o Satyanarayan Mandal R/o Village- Sahebganj, Bind Toli, PS- Vishwa Vidyalaya, District- Bhagalpur 3. Ranjeet Mandal @ Ranjeet Kumar S/o Satyanarayan Mandal @ Sachita Mandal R/o Village- Sahebganj, Bind Toli, PS- Vishwa Vidyalaya, District- Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P. For the Informant : Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 19-02-2026 Heard learned counsel for the petitioners, informant and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 76, 308(4), 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita. 3. As per F.I.R., due to land dispute, these petitioners assaulted informant and his family members by means of lathi, danda, garasa, khanti, dabiya. 4. Learned counsel for the petitioners submits that on account of land dispute, altercation took place between the Patna High Court CR. MISC. No.4161 of 2026(2) dt.19-02-2026 2/2 parties in which both sides inflicted injuries on each other. Allegation of assault is general and omnibus and there is no allegation of any specific overt act against these petitioners. Case and counter case. Injuries sustained by the injured are simple in nature. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application. 6. Considering the nature of accusation, injuries, case and counter case and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 Additional Chief Judicial Magistrate II, Bhagalpur in connection with Vishwavidyalay P. S. Case No. 88 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T