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Patna High Court

Ramvachan MehtaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioner, subject to a bond and strict conditions.

Summary

Ramvachan Mehta sought anticipatory bail after an FIR (Balwahat PS Case No. 134 of 2025) alleged that he, along with others, assaulted an informant, his son, wife, and daughter‑in‑law with iron rods and other weapons, causing injuries that the petitioner claimed were simple or non‑vital. The State opposed bail, citing the seriousness of the injuries and the petitioner’s prior similar offences. The court noted that the injuries were not life‑threatening, there existed a case‑and‑counter‑case between the parties, and the petitioner had also suffered injuries. Accordingly, the court exercised its inherent powers under Section 482(2) of the BNSS to grant anticipatory bail, subject to a bond of Rs.10,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and refraining from further offences. The order directed that bail be effective for four weeks from the date of the order upon surrender or arrest.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite allegations of assault and injury to the informant and his family
  • Whether the nature and severity of the injuries and the petitioner’s criminal antecedent preclude the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Section 438
  • assault
  • injury
  • case and counter case
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25813 of 2026
                       Arising Out of PS. Case No.-134 Year-2025 Thana- Balwahat District- Saharsa
                 ======================================================
                 Ramvachan Mehta S/o Chhotelal Mehta R/o Village Gowardhanpur, Ward
                 No. 12, P.S. - Balwahat, Saharsa.
                                                                       ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Satish Kumar Singh, Adv
                 For the Opposite Party/s :        Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   07-05-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Balwahat P.S. Case No. 134 of 2025 for the

                   offence punishable under sections 126(2), 115(2), 117(2),

                   109(1), 352, 3(5) of the BNS lodged on 08.09.2025 by the

                   informant.

                                3.      As per the prosecution case, the informant,

                   Gariblal Mehta has stated that on 05.09.2025 at about 6:00 PM

                   in the evening all the FIR named accused persons armed with

                   weapon came to his door, tried to unfastened his cattle and when

                   the informant forbade, then the petitioner assaulted on the head

                   of informant by iron rod, as the result of which he became

                   injured and fell down and when his son, Abodh Kumar came to

                   save him, then the petitioner also inflicted iron rod on the head
Patna High Court CR. MISC. No.25813 of 2026(3) dt.07-05-2026
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          and leg, as the result of which, his leg was fractured. It is further

          alleged that when the wife and daughter-in-law came and tried

          to rescue the informant and his son then Kanchan Devi assaulted

          the wife of informant by the means of Dabiya as the result of

          which hand of the informant's wife got fractured. It is also

          alleged that Chhotelal Mehta, Bauki Devi, Kundan Devi badly

          injured informant's daughter-in-law namely Nutan Devi. On

          alarms, the villagers came and got them admitted in the hospital.

          Accordingly, the FIR.

                       4. Learned counsel for the petitioners submits the

          injury which has been sustained by the informant is found to be

          simple in nature while his son, who has sustained injuries, are

          said to be grievous but that is on leg which is not a vital part. It

          has further been submitted that there is a case and counter case

          between the parties and the petitioner of this case has filed

          Balwahat P.S. Case No. 134 of 2025 against the informant and

          others. The petitioner is also said to have received injuries over

          his person.

                       5. Learned APP opposes the prayer for anticipatory

          bail by submitting that since the injuries have been caused to the

          informant and his son and the petitioner has got criminal

          antecedent of similar nature, the petitioner does not deserve the
Patna High Court CR. MISC. No.25813 of 2026(3) dt.07-05-2026
                                            3/4




          privilege of anticipatory bail.

                       6. Considering the nature of injury being simple in

          nature and on non vital part and there is a case and counter case

          between the parties, this Court is inclined to extend him the

          privilege of anticipatory bail.

                       7. Let the petitioner, above named, be released on

          bail in the event of arrest or surrender within a period of four

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) with two sureties of like amount

          each to the satisfaction of learned Chief Judicial Magistrate,

          Saharsa in connection with aforesaid PS Case, subject to the

          conditions as laid down under Section 482(2) of the BNSS as

          well as the following conditions:-

                                               (i) one of the bailors should be the
                                  family member/relative of the petitioner(s)
                                  who shall provide official document to show
                                  his/her bona fide;
                                               (ii) the petitioner(s) 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/their        bail
                                  bond by the Trial Court itself;
                                               (iii) the petitioner(s) shall in no
                                  way try to induce or promise or threat the
             Patna High Court CR. MISC. No.25813 of 2026(3) dt.07-05-2026
                                                         4/4




                                               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(s) shall desist
                                               from committing any criminal offence again,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of his/their bail
                                               bonds.



                                                     (Ajit Kumar, J)
    perwez

U       T


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