Patna High Court
Ramvachan MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Negotiable (BNS) — s. 109(1), 115(2), 117(2), 126(2), 3(5), 352
- Bihar Negotiable (BNSS) — s. 482(2)
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
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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
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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
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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
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