Niraj Kumar @ Mallu Kumar @ Mallu Singh @ Mallu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4900 of 2026 Arising Out of PS. Case No.-145 Year-2025 Thana- PARWALPUR District- Nalanda ====================================================== Niraj Kumar @ Mallu Kumar @ Mallu Singh @ Mallu S/O Suresh Singh @ Suresh Prasad Resident of Village- Dariyapur, P.S.- Parwalpur, DistrictNalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Pratap Singh, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-02-2026 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Parwalpur P.S. Case No.145 of 2025, lodged on 04.08.2025, under Section 191(2)/190/126(2)/115(2) /109(1) /329(3)/329(4) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner. Specific allegation against the petitioner that he has assaulted by iron rod.
Patna High Court CR. MISC. No.4900 of 2026(2) dt.04-02-2026 2/3
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that from the allegation made in the FIR it becomes crystal clear that the dispute between the parties are relating to land. He further submits that the Trial Court in the rejection order has considered the injury caused to the victim which is simple in nature. Counsel submits that the bail application of the petitioner transpires to be rejected only due to the ground that his antecedent is not clean, there are two criminal cases pending against the petitioner. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner's antecedent is not clean and head injury is there.
6. Considering the fact that the dispute is due to the land and injury is simple, let the petitioner, above named, be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Judicial Magistrate, 1st Class, Hilsa,
Patna High Court CR. MISC. No.4900 of 2026(2) dt.04-02-2026 3/3 Nalanda, in connection with Parwalpur P.S. Case No. 145 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
7. And further condition that the Trial Court shall verify the criminal antecedents of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the Trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.
(Dr. Anshuman, J) Mkr./- U T