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Patna High Court

Mahesh SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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