Patna High Court

CR. MISC./57713/2026 of Anil Kumar Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57713 of 2026 Arising Out of PS. Case No.-218 Year-2026 Thana- BAIRIYA District- West Champaran ====================================================== 1. Anil Kumar S/o Harihar Prasad R/o Village- Baikunthwa, P.S- Nautan, Dist- West

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57713 of 2026

Arising Out of PS. Case No.-218 Year-2026 Thana- BAIRIYA District- West Champaran

======================================================

1.

Anil Kumar S/o Harihar Prasad R/o Village- Baikunthwa, P.S- Nautan, Dist- West Champaran.

2.

Jiteendar Prasad @ Jitendra Prasad S/o Girdhari Prasad R/o Village- Baikunthwa, P.S- Nautan, Dist- West Champaran.

3.

Lachi Devi @ Laaichi Devi W/o Harihar Prasad R/o Village- Baikunthwa, P.S- Nautan, Dist- West Champaran.

4.

Harihar Prasad S/o Girdhari Prasad R/o Village- Baikunthwa, P.S- Nautan, Dist- West Champaran.

5.

America Prasad @ Amrika Prasad S/o Girdhari Prasad R/o Village- Baikunthwa, P.S- Nautan, Dist- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

Appearance :

For the Petitioner/s

:

Mr. Sarvesh Kashyap, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP

======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA

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ORAL ORDER

19-08-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. After some arguments, learned counsel for the petitioners prays for withdrawal of the anticipatory bail application on behalf of petitioner no.5 America Prasad @ Amrika Prasad as he was arrested during pendency of this application.

3. Permission is granted.

4. The application is dismissed as withdrawn with respect to petitioner no.5 only.

5. The petition now survives on behalf of petitioners nos.1 to 4 only.

6. The petitioners apprehend their arrest in connection with Bairiya P.S. Case no.218 of 2026 registered under sections 126(2), 115(2), 118(1), 109(1), 352, 303(2) and 3(5) of BNS, 2023.

7. The allegations in the F.I.R is that accused persons, started creating nuisance at the house of the informant. On protest, accused persons assaulted the informant and her family members causing injuries to them.

8. Learned counsel for the petitioners submits that accused persons including these petitioners have been made accused in the present case and the acts of assault are said to have taken place on account of land dispute which began with verbal altercation. There is allegation on petitioner no.1 of having assaulted the informant with farsa due to which she sustained injury, however, the said injury is simple in nature and on petitioner no.4 of having assaulted the informant and also her son Bhagwan Prasad but it appears from the bail rejection order that all injuries are simple in nature. It is further submitted that there is case and counter case between the parties (Annexure- P/2). Further submission is that incident took place between the parties at the spur of the moment and no offence under Section 109 of BNS would be made out in the facts of the case.

9. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that petitioner no.4 has one criminal antecedent. However, in response it has been submitted that petitioner no.4 is on bail which subsequently resulted in final form.

10. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that there is case and counter case arising out of land dispute with injuries on both sides and the injuries suffered by the injured in the present case are simple in nature, it is directed that the petitioner nos. 1 to 4, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bairiya P.S. Case no.218 of 2026 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the further conditions: (I) One of the bailors of the petitioners shall be the family member/close relative of the petitioners. (II) They shall co-operate in the investigation/trial.

Harsh/- (Soni Shrivastava, J) U T

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