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Patna High Court

Arun MehtaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

Arun Mehta was arrested in connection with a case of assault alleged under several sections of the B.N.S., including 191(2), 191(3), 115(2) and others. He contended that the FIR was false, the injury inflicted was simple and the dispute was a case‑and‑counter‑case, and therefore he was innocent. The State opposed bail, pointing to two other pending cases against the petitioner. The court examined the nature of the injury, the surrounding dispute and the petitioner’s criminal antecedent, and concluded that bail could be granted. Accordingly, the court ordered his release on a bail bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the B.N.S.
  • Whether the simple nature of the injury and the existence of a case‑and‑counter‑case justify bail
  • Whether pending criminal cases against the petitioner preclude the grant of bail

Legislation cited

  • B.N.S. — s. 109, 115, 118, 126, 191, 303, 351, 352

Subjects

  • bail
  • criminal procedure
  • assault
  • simple injury
  • case and counter case
  • conditions of bail
  • verification of antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3404 of 2026
                         Arising Out of PS. Case No.-99 Year-2025 Thana- Mufassil District- Purnia
                 ======================================================
                 Arun Mehta S/O Jagdish Mehta @ Jagadish Mehta R/O Village- Chandi
                 Kathwa, P.S- Mufassil, Distt.- Purnea.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :         Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-01-2026                  Heard Mr. Bipin Kumar, learned counsel for the

                   petitioner and Mr. Vinod Shanker Modi, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   19.10.2025 in connection with Muffasil P.S. Case No. 99 of

                   2025, F.I.R. dated 07.07.2025 for the offences punishable under

                   Sections 191(2), 191(3), 115(2), 126(2), 118(1), 109, 352,

                   303(2) and 351(2) of the B.N.S.

                                3. According to prosecution case, the petitioner and

                   other co-accused persons are alleged to have abused and

                   assaulted the informant's husband by means of spade causing

                   head injury. Allegation against the petitioner and co-accused are

                   of giving dabiya blow to the husband of the informant on his

                   eye, leg due to which he sustained cut injury.
Patna High Court CR. MISC. No.3404 of 2026(2) dt.30-01-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. Learned counsel further submits that the allegation

          as alleged in the FIR is false and fabricated and the petitioner

          has not committed any offence as alleged in the F.I.R. From bare

          perusal of F.I.R., it appears that due to some petty dispute, the

          present occurrence has taken place and there is case and counter

          case between the parties. Although, the petitioner is named in

          the F.I.R. and the specific allegation against the petitioner is that

          he along with one Suman Kumar have assaulted the husband of

          the informant on his leg. He further submits that due to present

          occurrence, both sides have received injuries and it appears

          from the injury report of the husband of the informant namely,

          Parmanand Mehta suggests that the second number of injury

          inflicted by the petitioner is found to be simple in nature caused

          by hard and blunt substance and the police after investigation,

          submitted chargesheet against the petitioner and the petitioner is

          in custody since 19.10.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner and submits that the

          petitioner carries two more cases other than the present one but

          fairly submits on the basis of paragraph 3 of the bail petition
Patna High Court CR. MISC. No.3404 of 2026(2) dt.30-01-2026
                                            3/4




          that the petitioner is on bail in both the cases.

                       6. Considering the aforesaid facts and circumstances

          and also the fact that there is case and counter case between the

          parties and the injury inflicted upon the husband of the

          informant is found to be simple in nature, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Chief Judicial Magistrate,

          Purnea/appropriate court below in connection with Muffasil P.S.

          Case No. 99 of 2025, with the following conditions:

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for
            Patna High Court CR. MISC. No.3404 of 2026(2) dt.30-01-2026
                                                        4/4




                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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