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Patna High Court

Mehi Lal sahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Mehi Lal, Chotelal and Sunita Devi, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. for alleged assault on an informant and her family. They contended that the allegations were vague, stemmed from a petty family dispute, and that they had clean antecedents, asserting that the case was false and concocted. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the general and omnibus nature of the accusations, the minor injuries reported, and the petitioners' clean records, granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.S. The order directed that if arrested within eight weeks, the petitioners be released on bail under the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted in view of the general and omnibus nature of the accusations
  • Whether the petitioners' clean antecedents and the minor nature of alleged injuries justify bail
  • Whether Section 482(2) of the B.N.S.S. permits the grant of anticipatory bail in this case

Legislation cited

  • B.N.S. — s. 110, 115(2), 126(1), 303(2), 351(2), 352, 76
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • general and omnibus accusation
  • family dispute
  • clean antecedents
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19624 of 2026
                      Arising Out of PS. Case No.-22 Year-2025 Thana- DUMARIAGHAT District- East
                                                        Champaran
                 ======================================================
           1.     Mehi Lal sah Son of Kanhai Sah Resident of village- Semuapur Ps-
                  Dumariyaghat Dist -East Champaran
           2.    Chotelal Sah Son of Kanhai Sah Resident of village- Semuapur Ps-
                 Dumariyaghat Dist -East Champaran
           3.    Sunita Devi son of Mehilal Sah Resident of village- Semuapur Ps-
                 Dumariyaghat Dist -East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Anil Kumar, Advocate
                 For the State           :        Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(1),

                   115(2), 76, 110, 303(2), 352 and 351(2) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners,

                   armed with sticks, rods, bricks and knives, abused and assaulted

                   informant and her family members.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.19624 of 2026(2) dt.07-04-2026
                                            2/3




          have committed no offence. As a matter of fact, both parties are

          Gotiyas and husband of informant and Petitioner No. 1 are own

          brothers and only due to petty family dispute, a simple

          altercation took place and taking advantage of the situation, this

          false and concocted case has been lodged. Allegation of assault

          is general and omnibus and no specific accusation of overt act

          has been alleged against these petitioners. As per injury report,

          injuries allegedly caused by these petitioners are simple in

          nature. Petitioners claim clean antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, nature of

          injuries sustained by the injured and clean antecedents of the

          petitioners, the prayer for grant of anticipatory bail to the

          petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners 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 learned Judicial Magistrate-1 st
             Patna High Court CR. MISC. No.19624 of 2026(2) dt.07-04-2026
                                                         3/3




                       Class,     Motihari,      East     Champaran         in   connection   with

                       Dumariyaghat P.S. Case No. 22 of 2025, subject to condition as

                       laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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