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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

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Niraj Kumar @ Mallu Kumar @ Mallu Singh @ Mallu S/O Suresh Singh @

Suresh Prasad Resident of Village- Dariyapur, P.S.- Parwalpur, District-

Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Uday Pratap Singh, Advocate

For the Opposite Party/s : Mr. Satya Nand Shukla, APP

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

2 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

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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, 1^st Class, Hilsa,

Patna High Court CR. MISC. No.4900 of 2026(2) dt.04-02-2026

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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./-

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