Patna High Court
Mauzi Lal @ Moji Lal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, Mauzi Lal, Uday Yadav and Umesh Yadav, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act for allegedly assaulting an informant and firing at a pick‑up van. They contended that the incident stemmed from a petty dispute, resulted only in simple injuries, no firearm injury occurred, and they have a clean antecedent. The State opposed the bail application. The Court examined the nature of the accusations, the modest injuries, and the petitioners' clean record, and concluded that these factors warranted the grant of anticipatory bail. Accordingly, the Court ordered that if arrested within eight weeks, the petitioners be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite charges under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the nature of the alleged offences and the extent of injuries justify denial of bail
- Whether the petitioners' clean antecedent and the characterization of the incident as a petty dispute warrant bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 324(4), 324(5), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- clean antecedent
- petty dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.143 of 2026
Arising Out of PS. Case No.-260 Year-2025 Thana- HASPURA District- Aurangabad
======================================================
1. Mauzi Lal @ Moji Lal Singh S/O Moti Lal @ Moti Lala @ Moti Lal Yadav
R/O Village-Jakhaira, P.S Haspura, District- Aurangabad.
2. Uday Yadav @ Uday Kumar S/O- Rajendra Yadav R/O village- Kaji Bigha,
P.S Haspura, District-Aurangabad.
3. Umesh Yadav S/O- Rameshwar Yadav R/O Village-Dilawarpur
(Magargathiya), P.S-Haspura, District-Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109(1),
118(1), 324(4), 324(5), 352, 351(2), 351(3), 3(5) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per F.I.R., all the named accused persons,
including these petitioners, assaulted informant and his family
members and fired upon the pick-up van.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. On
Patna High Court CR. MISC. No.143 of 2026(2) dt.20-01-2026
2/2
account of petty dispute, clash broke out between the parties in
which both sides sustained injuries. Injuries sustained by the
injured are simple in nature. Case and counter case. Rest of the
allegations are ornamental. It is further submitted that though
petitioners are alleged to have fired but no one sustained any
firearms injury. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries 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 Judicial Magistrate, 1st Class,
Aurangabad in connection with Haspura P. S. Case No. 260 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
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