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Patna High Court

Mahesh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since similarly situated co-accused have been granted anticipatory bail and the alleged injuries are simple, the petitioner is entitled to anticipatory bail under Section 438 CrPC.

Summary

Mahesh Ray was implicated in a FIR alleging assault with firearms and sharp weapons during a land dispute, with charges under several sections of the Bihar Nagarik Suraksha Act and the Arms Act. The petitioner sought anticipatory bail, claiming innocence and pointing out that other co-accused in the same case had already been granted such bail. The State opposed the relief. The Court observed that the injuries alleged were simple and that a similarly situated accused, Shiv Shankar Rai, had been granted anticipatory bail, providing no justification to treat the petitioner differently. Consequently, the Court ordered anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including cooperation with investigation and verification of criminal antecedents. The bail order is to be executed by the lower court within four weeks of arrest or surrender.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the allegations and the grant of bail to similarly situated co-accused.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Bharatiya Nagarik Suraksha Sanhita
  • assault with weapons
  • land dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31571 of 2026
                    Arising Out of PS. Case No.-56 Year-2025 Thana- MOHANPUR District- Samastipur
                 ======================================================
                 Mahesh Ray S/o Devnarayan Ray R/o South Dumari, P.O.- Bindgama
                 Dumari, P.S.- Mohanpur, Dist.- Samastipur, Bihar- 848506

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vishal Vikram Rana, Adv.
                                                 Ms.Misha Bharti, Adv.
                                                 Mr.Utkarsh Vikram Rana, Adv.
                                                 Mr.Kumar Saurav Devi, Adv.
                                                 Mr.Aakash Priye, Adv.
                                                 Mr.Harsh, Adv.
                                                 Mr.Rishabh Kumar Rao, Adv.
                 For the Opposite Party/s :      Mr.Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   13-05-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Mohanpur P.S. Case No. 56 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 329(3), 109,

                   352, 351(2), 3(5) of BNS and Section 27 of Arms Act.

                                 3. The prosecution case, in brief, is that as per the FIR

                   lodged by informant, on 13.03.2025 at about 8:00 PM, the

                   petitioner along with other accused persons allegedly came to the

                   informant’s house armed with weapons, abused and threatened

                   the family members, and attempted to fire upon them. It is further

                   alleged that on 14.03.2025, the accused persons again came
Patna High Court CR. MISC. No.31571 of 2026(2) dt.13-05-2026
                                            2/3




          armed with pistol, rifle and sharp weapons, fired gunshots,

          assaulted Sanjay Ray and Manjeet Kumar, broke open the doors

          and caused injuries to the victims.

                        4. The learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated. There is

          a land-standing land dispute between the parties. The allegations

          are general and omnibus.             Similarly situated accused persons

          have already been granted anticipatory bail by the court below.

                        5. On the other hand, the learned APP for the State has

          opposed the prayer for bail.

                        6. The remaining six accused persons have already

          been granted anticipatory bail. One of the co-accused, Shiv

          Shankar Rai, was/is similarly situated as that of the petitioner

          because in the FIR, there was an allegation against Shiv Shankar

          Rai of assaulting the informant’s husband with a sharp talwar and

          also of firing at him. Since similarly situated accused persons,

          more particularly Shiv Shankar Rai, have already been granted

          the privilege of anticipatory bail by the court below, I find no

          reason to take a different view in the matter, particularly when the

          injuries sustained are said to be simple in nature and therefore, I

          am inclined to grant the privilege of anticipatory bail to the

          petitioner.

                        7. Let the petitioner, as named above, in the event of
           Patna High Court CR. MISC. No.31571 of 2026(2) dt.13-05-2026
                                                       3/3




                     his arrest or surrender within four weeks from today, be enlarged

                     on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of learned A.C.J.M., Sahpur Patori, Samastipur in

                     connection with Mohanpur P.S. Case No. 56 of 2025, subject to

                     the conditions laid down under section 438(2) of the Code of

                     Criminal Procedure/Section 482(2) of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023 and subject to further condition that :-

                                  (i) The petitioner shall co-operate in the investigation/

                     trial.

                                   (ii) The learned Court below would, however, verify

                     the criminal antecedent of the petitioner and in case it is found

                     that the petitioner has concealed his criminal antecedent, the

                     Court below shall take step for cancellation of bail bond of the

                     petitioner. However, it is expected that the verification process

                     would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
kundan/-
U      T


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