Patna High Court
Bhola Mahra @ BholaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that, given the simple nature of the injuries and the general allegations, anticipatory bail was appropriate and granted it with conditions.
Summary
The petitioners, eight members of a family from Piprahi village, applied for anticipatory bail fearing arrest in a case registered under Sections 141, 341, 323, 427, 354(b), 504, 506 and 34 of the Indian Penal Code. They alleged that the alleged assault on an informant and her sister involved only simple injuries caused by a lathi and bricks, and contended that the non‑bailable Section 354 did not apply. The State, represented by the Additional Public Prosecutor, opposed the bail. The Court examined the nature of the allegations, the simplicity of the injuries and the absence of any prior criminal record of the petitioners. Considering these factors, the Court granted anticipatory bail subject to surrender within four weeks, a bond of Rs.10,000 with two sureties, and compliance with the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S. The order was pronounced by Justice Soni Shrivastava.
Issues considered
- Whether anticipatory bail should be granted despite the petitioners being charged with multiple IPC offences including a non‑bailable provision
- Whether the alleged injuries constitute a simple offence under Section 323 rather than a more serious offence under Section 354(b)
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 141, 323, 34, 341, 354(b), 427, 504, 506
Subjects
- anticipatory bail
- IPC offences
- assault
- simple injury
- non‑bailable offence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24985 of 2026
Arising Out of PS. Case No.-197 Year-2023 Thana- LADANIA District- Madhubani
======================================================
1. Bhola Mahra @ Bhola S/O Bilat Mahra Resident of Village- Piprahi, P.S-
Ladaniya, District- Madhubani.
2. Mukesh Kumar Ram @ Mukesh Ram S/O Vijay Ram Resident of Village-
Piprahi, P.S- Ladaniya, District- Madhubani.
3. Ram Kumari @ Ram Kumari Devi W/O Vijay Ram Resident of Village-
Piprahi, P.S- Ladaniya, District- Madhubani.
4. Arhul Devi @ Aruniya Devi W/O Lakhan Ram Resident of Village- Piprahi,
P.S- Ladaniya, District- Madhubani.
5. Jyoti Devi @ Jyoti Kumari W/O Anil Ram Resident of Village- Piprahi, P.S-
Ladaniya, District- Madhubani.
6. Sumitra Devi @ Samundari Devi W/O Ranjeet Ram Resident of Village-
Piprahi, P.S- Ladaniya, District- Madhubani.
7. Nirmala Devi D/O Bhola Ram Resident of Village- Piprahi, P.S- Ladaniya,
District- Madhubani.
8. Pulkit Ram S/O Munni Mahra Resident of Village- Piprahi, P.S- Ladaniya,
District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surendra Kumar Mishra
For the Opposite Party/s : Mr.Ram Naresh Ray
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Sections 141,
341, 323, 427, 354(B), 504, 506, 34 of the Indian Penal Code.
3. Petitioners are said to have assaulted the informant
and her sister by lathi and bricks resulting in injuries to them.
Patna High Court CR. MISC. No.24985 of 2026(2) dt.01-05-2026
2/3
4. Learned counsel for the petitioners submits that out
of total eight petitioners five are female members of the family
and a dispute had arisen on account of throwing out the pillar
(Khuta) due to which some act of hurling abuses and assault
took place. The bail rejection order itself indicates that the
injuries received by the injured persons were simple in nature
caused by hard and blunt substance, as such, section levelled is
Section 323 of the IPC. It is further submitted that no offence
under Section 354 of the IPC which is the only non-bailable
section, is made out against any of the petitioners. Further, the
petitioners have no criminal antecedent.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the general and omnibus
nature of allegations and simple nature of injuries, let the above
named petitioners, in the event of their arrest or surrender before
the learned Court below within a period of four weeks from
today, be enlarged on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with Ladaniya
Patna High Court CR. MISC. No.24985 of 2026(2) dt.01-05-2026
3/3
P.S. Case No. 197 of 2023, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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