Patna High Court
Mahesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted bail to both petitioners subject to a bond and conditions under Sections 2(1)(d) and 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Mahesh Singh and his son Ranjeet Kumar were named in FIR No. 25 of 2026 for alleged offences under the Bharatiya Nyaya Sanhita, including assault with an iron rod, provocation and other violent acts. The prosecution alleges that Singh ordered the assault and his son carried it out against an informant who is also Singh's brother, stemming from a family dispute over ancestral property. The petitioners contend they are innocent, that the dispute is civil in nature, and point to a counter‑case filed by them. The State opposed bail but acknowledged the familial nature of the dispute. The High Court, considering the circumstances and applying Sections 2(1)(d) and 482(2) of the B.N.S., granted bail to both petitioners on a bond of Rs.30,000 each, subject to conditions, and ordered their release if arrested or surrendered within four weeks.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the family dispute context warrants a more lenient approach under bail provisions of the B.N.S.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 190, 191(2), 191(3), 2(1)(d), 303(2), 351(2), 352, 482(2), 74
Subjects
- bail
- family dispute
- assault
- property dispute
- Bharatiya Nyaya Sanhita
- criminal procedure
- cognizable offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42233 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- BHAGWANPUR District- Vaishali
======================================================
1. Mahesh Singh Son of Late Haribansh R/o Village- Rampur Bakhra @
Rampur Bakhara, Ward No. -10, P.S.- Bhagwanpur, District- Vaishali.
2. Ranjeet Kumar @ Ranjit Kumar @ Ranjeet Kumar Singh Son of Mahesh
Singh R/o Village- Rampur Bakhra @ Rampur Bakhara, Ward No. -10, P.S.-
Bhagwanpur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Adv.
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Bhagwanpur P.S. Case No. 25 of 2026 lodged
on 18.01.2026, for the offence punishable under Sections
191(2), 191(3), 190, 118(1), 109, 74, 115(2), 352, 351(2) &
303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
five named accused persons including the present petitioners.
The allegation against the petitioner no. 1 is that he is the order
giver and the petitioner no. 2 has complied the said order by
assaulting the informant by iron rod.
Patna High Court CR. MISC. No.42233 of 2026(2) dt.01-07-2026
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4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence. He
submits that the petitioner no. 1 and the informant are full
brothers and as per the statement made in the FIR, it is clear that
the dispute has arisen for construction of house on the ancestral
property. Counsel submits that for the same date and place of
occurrence, there are case and counter case filed from both the
sides i.e. one case has been lodged from the petitioners’ side
bearing Bhagwanpur P.S. Case No. 26 of 2026 and the present
case has been lodged from the informant’s side bearing
Bhagwanpur P.S. Case No. 25 of 2026. He further submits that
the petitioners have clean antecedent and only due to family
dispute, scuffling took place between the parties.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that the petitioner no. 1
and the informant are full brothers and it is a family dispute.
6. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on bail, in
the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of
Patna High Court CR. MISC. No.42233 of 2026(2) dt.01-07-2026
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A.C.J.M.-VI, Vaishali at Hajipur, in connection with
Bhagwanpur P.S. Case No. 25 of 2026, subject to the conditions
as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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