Patna High Court
Mahesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Mahesh Sah, was named in an FIR for alleged assault, robbery and other offences under various IPC sections, including 341, 323, 504, 506, 379, 307 and 304/34. The police investigation resulted in a charge‑sheet only for offences under sections 323 and 504, and the petitioner sought anticipatory bail. The State opposed the bail, arguing the seriousness of the allegations and the petitioner's prior criminal antecedents. The Court noted that the charge‑sheet did not include the more serious section 307, and that the FIR did not allege any firing of the pistol, negating an intention to cause death. Accordingly, the Court directed that the petitioner be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the pending charges under multiple IPC sections
- Whether the absence of a charge under Section 307 IPC precludes denial of bail
- Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are satisfied
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- bail conditions
- section 323 IPC
- section 504 IPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39134 of 2026
Arising Out of PS. Case No.-480 Year-2017 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Mahesh Sah Son of Ram Chandra Sah Resident of village - Pathara Khirma,
P.S.- Keoti, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sadanand Roy, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Darbhanga
Sadar P.S. Case No. 480 of 2017 registered for the offences
punishable under Sections 341, 323, 504, 506, 379, 307,
304/34 of the Indian Penal Code.
3. The allegation against the petitioner is to assault
the informant along with other co-accused persons,
repeatedly by using butt of the pistol, causing grievous head
injury and also alleged to snatch Rs. 32,000/- and one
golden chain.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.39134 of 2026(2) dt.18-06-2026
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petitioner submitted that after investigation, police
submitted charge-sheet against above-named petitioner for
the offence punishable under section 323/504 of the I.P.C.
5. It is submitted that no offence, as alleged under
section 307 IPC, was made out during investigation and
same can also be gathered from the face of FIR as having
pistol in the hand, no allegation of firing was made, which
negate intention to cause death on its face.
6. Explaining criminal antecedent, it is submitted
that petitioner found involved in one more criminal case, in
which he is on bail.
7. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
8. In view of the aforesaid factual submissions and
by taking note of the fact as police after investigation
submitted charge-sheet against the petitioner only for the
offence punishable under section 323/504 of the I.P.C.,
accordingly, above-named petitioner, in the event of his
arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties
Patna High Court CR. MISC. No.39134 of 2026(2) dt.18-06-2026
3/3
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Darbhanga/ concerned court in
connection with Darbhanga Sadar P.S. Case No. 480 of
2017, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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