Shiv Mangal Kumar v. The State Of Bihar
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 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 √