Patna High Court
Mahesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Nagarik Suraksha Act — s. 109, 115(2), 126(2), 329(3), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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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