Patna High Court
Balgovind Mehta @ BalgovindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that anticipatory bail could be granted under Section 482(2) of the BNS as the petitioners had a clean antecedent and the alleged injuries were simple.
Summary
The petitioners, four members of the Mehta family, sought anticipatory bail fearing arrest in a case (Bhimpur P.S. Case No. 143 of 2025) involving multiple serious offences under the Bharatiya Nagarik Suraksha Sanhita (BNS). The prosecution alleged that on 19 November 2025 the petitioners, along with others, violently assaulted an informant, committed molestation, used weapons, caused injuries, and looted cash and jewellery. The petitioners contended that they were falsely implicated, had no criminal antecedent, and that the allegations were general and fabricated. The State opposed the grant of anticipatory bail. The Court, noting the victim’s injuries were simple and the petitioners’ clean antecedent, exercised its power under Section 482(2) of the BNS to grant anticipatory bail with a bond of Rs.10,000 and two sureties, subject to cooperation with investigation and verification of antecedents. The order directed that bail be released within four weeks of arrest or surrender, and that any concealment of antecedent could lead to cancellation of the bail bond.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- clean antecedent
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21205 of 2026
Arising Out of PS. Case No.-143 Year-2025 Thana- BHIMPUR District- Supaul
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1. Balgovind Mehta @ Balgovind S/o Late Dukhan Mehta Resident of village -
Kewala, Kevla, Bhimpur, Ward No. 01, Police Station - Bhimpur, District -
Supaul
2. Bidhanand Mehta @ Vidhyanand Mehta S/O Balgovind Mehta @ Balgovind
Resident of village - Kewala, Kevla, Bhimpur, Ward No. 01, Police Station -
Bhimpur, District - Supaul
3. Suresh Mehta @ Suresh Prasad Mehta S/O Balgovind Mehta @ Balgovind
Resident of village - Kewala, Kevla, Bhimpur, Ward No. 01, Police Station -
Bhimpur, District - Supaul
4. Nathuni Mehta S/O Balgovind Mehta @ Balgovind Resident of village -
Kewala, Kevla, Bhimpur, Ward No. 01, Police Station - Bhimpur, District -
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Adv
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Bhimpur P.S. Case No. 143 of 2025, registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 118(1), 329(4), 76, 324(4), 303(2), 109(1), 352, 351(2)
of BNS.
3. The case of the prosecution, in short, as per the
Patna High Court CR. MISC. No.21205 of 2026(2) dt.08-04-2026
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informant is that on 19/11/2025 at about 8:00 A.M., when she
was feeding fodder to her cattle then a group of 10 accused
persons including the petitioners began verbally abusing her
while disparaging her family name. When she objected to this,
all the accused persons armed with various weapons, forcibly
entered her courtyard and began physically assaulting the
informant. The accused, Suresh Mehta, molested the informant;
he tore and ripped her blouse and saree, leaving her completely
naked. Upon hearing the informant’s screams, her younger
mother-in-law, her mother-in-law, her grandson, and her
daughter-in-law rushed to her aid. Thereafter Suresh Mehta and
Vidyanand Mehta attacked upon them using sharp-edged axes
(farsa), inflicting severe injuries, leaving them bleeding and
rendering them unconscious. Further, all the accused persons
smashed and damaged the bamboo screens (tati) installed in the
courtyard, forcibly entered the house, and destroyed all the
household belongings. They broke the lock of a trunk kept
inside the house and looted thirty thousand rupees in cash;
additionally, during the course of the assault, the accused
Sanjana Devi snatched an 8-tola silver chain from the
informant's neck.
4. Learned counsel for the petitioners submits that the
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petitioners are innocent and have committed no offence. The
petitioners have falsely been implicated in the present case. The
allegation levelled against them are wrong, false and fabricated.
He further submits that from the record, it appears that general
and omnibus allegation has been levelled against the petitioners
and the petitioners have no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that the injury sustained by the
victim is simple in nature and the petitioners have clean
antecedent, this Court is inclined to grant privilege of
anticipatory bail to the petitioners.
7. Let the petitioners, named above, in the event of
their arrest or surrender before the Court below within four
weeks from today, be released 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 the learned Sub-Divisional
Judicial Magistrate, Supaul in connection with Bhimpur P.S.
Case No. 143 of 2025, subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
and subject to the further condition that:-
(i) the petitioners shall co-operate in the
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investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioners and in case it is found that
the petitioners have concealed their criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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