Mithilesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Mithilesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest/surrender before the court below within eight weeks, petitioners to be enlarged on bail on a bail-bond of Rs. 10,000/- each with two like sureties to the satisfaction of Additional Chief Judicial Magistrate II, Bhagalpur in connection with Vishwavidyalay P.S. Case No. 88 of 2025, subject to Section 482(2) BNSS, 2023 conditions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners, who apprehend arrest in Vishwavidalaya P.S. Case No. 88 of 2025 registered for offences under the Bharatiya Nyaya Sanhita.

Court's answer

The court, considering the nature of accusation, injuries, case and counter case and clean antecedent, allowed the anticipatory bail application of the petitioners.

Ratio / Principle

In the event of arrest or surrender before the court below within eight weeks, the petitioners are to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the Additional Chief Judicial Magistrate II, Bhagalpur, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court, Cr. Misc. No. 4161 of 2026 (decided 19-02-2026, Prabhat Kumar Singh, J). Petitioners apprehended arrest in Vishwavidalaya P.S. Case No. 88 of 2025, Bhagalpur, for offences punishable under Sections 126(2), 115(2), 118(1), 109, 76, 308(4), 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. FIR alleged that, over a land dispute, the petitioners assaulted the informant and his family members with lathi, danda, garasa, khanti and dabiya. Considering the nature of accusation, injuries, case-and-counter-case situation and the petitioners' claimed clean antecedent, the Court allowed anticipatory bail: upon arrest or surrender within eight weeks, the petitioners were directed to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the Additional Chief Judicial Magistrate II, Bhagalpur, subject to the conditions in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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

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Mithilesh Kumar S/o Dinesh Mandal R/o Village- Sahebganj, Bind Toli, PSVishwa Vidyalaya, District- Bhagalpur

Randheer Mandal @ Randhir Kumar Mandal S/o Satyanarayan Mandal R/o Village- Sahebganj, Bind Toli, PS- Vishwa Vidyalaya, District- Bhagalpur

Ranjeet Mandal @ Ranjeet Kumar S/o Satyanarayan Mandal @ Sachita Mandal R/o Village- Sahebganj, Bind Toli, PS- Vishwa Vidyalaya, DistrictBhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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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.

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.

As per F.I.R., due to land dispute, these petitioners assaulted informant and his family members by means of l athi, danda, garasa, khanti, dabiya.

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.

Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

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.

(Prabhat Kumar Singh, J)

Navya/- U T