Patna High Court
Mithlesh RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted to petitioner No. 2, Kusum Devi, with conditions, and denied to the other accused.
Summary
The petitioners, a group of five individuals, sought anticipatory bail fearing arrest in a case (Gaurichak PS Case No. 688 of 2025) involving alleged assault and firing under sections 126(2), 115(2), 109, 3(5) of the Bihar Narcotic Substances Act and section 27 of the Arms Act. The prosecution alleged that during a land‑partition dispute, the accused assaulted a husband and that Mushu Rai opened fire, causing grievous injuries. The petitioners argued that the FIR was exaggerated and that they had no role, while the State highlighted the seriousness of the injuries. The court, after considering the submissions, rejected anticipatory bail for four accused (Mithlesh Rai, Mushu Rai, Ramji Rai, Sarvan Kumar) but granted it to petitioner No. 2, Kusum Devi, noting her lack of criminal antecedent and gender, subject to strict conditions under Section 438(2) of the Cr.P.C. The bail order required a cash bond, sureties, and compliance with conditions such as appearing before the trial court and not tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted to each of the accused under Section 438(2) of the Cr.P.C.
- Whether the nature of the alleged offences and the presence of grievous injuries justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109, 115(2), 126(2), 3(5)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Arms Act
- grievous injury
- gender considerations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23079 of 2026
Arising Out of PS. Case No.-688 Year-2025 Thana- GAURICHAK District- Patna
======================================================
1. Mithlesh Rai S/o Gorakh Rai R/o Village- Kamarji, PS- Gaurichak, Distt-
Patna
2. Kusum Devi @ Kusum Kumari D/o Mithlesh Rai R/o Village- Kamarji, PS-
Gaurichak, Distt- Patna
3. Mushu Rai @ Nitish Kumar S/o Late Fanfan Rai R/o vill - Rasalpur, P.S.-
Fatuha, Distt.- Patna
4. Ramji Rai @ Prince Kumar S/o Late Fanfan Rai R/o vill - Rasalpur, P.S.-
Fatuha, Distt.- Patna
5. Sarvan Kumar @ Shrawan Kumar S/o Nanhak Yadav R/o vill - Rasalpur,
P.S.- Fatuha, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Adv.
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 21-05-2026 Heard learned Counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Gaurichak P.S. Case No. 688 of 2025 for the offence
registered under sections 126(2), 115(2), 109, 3(5) of the BNS and
Section 27 of the Arms Act.
3. As per the prosecution story, the informant alleged
that for the partition of the land, they reached the place where it is
alleged that all the accused persons assaulted her husband. As she
came to rescue, Musu Rai opened opened fire. This followed the
Patna High Court CR. MISC. No.23079 of 2026(3) dt.21-05-2026
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movement to hospital and the FIR.
4. Learned Counsel for the petitioners submit that
exaggerated FIR is there, they have no role to play, in any case,
nature of allegation is omnibus.
5. Learned APP for the State, on the other hand, opposes
the prayer for anticipatory bail submitting that the case diary
shows the injuries inflicted to the husband has been found to be
grievous in nature.
6. Taking into account the submissions of the parties
and the role that has been assigned to the accused persons, save
and accept, the petitioner no. 2, Kusum Devi, the anticipatory bail
application of all other accused persons namely Mithilesh Rai,
Mushu Rai, Ramji Rai and Sarvan Kumar stand rejected.
7. So far as the petitioner no. 2, Kusum Devi is
concerned, though the allegation that has been made against is not
different, considering the fact that she do not have criminal
antecedent and is a lady, in that background, this Court is inclined
to grant her the anticipatory bail with conditions.
8. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned A.C.J.M.-II, Patna City,
Patna High Court CR. MISC. No.23079 of 2026(3) dt.21-05-2026
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Patna in connection with Gaurichak P.S. Case No. 688 of 2025
subject to condition as laid down under Section 438(2) of the
Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID) to
show her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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