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Patna High Court

Mahanand RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Mahanand Rai, applied for bail in a case registered under multiple sections of the Bihar Penal Code for allegedly assaulting an informant with his legs and fists. The prosecution alleged that the assault caused injury to the informant's stomach and private parts. The petitioner’s counsel argued that the petitioner and the informant’s husband are brothers, the dispute was a domestic one, the alleged injury was simple, and the petitioner has no prior criminal record. The State opposed the bail on the seriousness of the charges. After hearing both sides, the court considered the nature of the offence, the familial relationship, and the petitioner’s clean record, and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, to be approved by the Judicial Magistrate of the First Class, Danapur.

Issues considered

  • Whether bail should be granted to the petitioner despite charges under multiple sections of the Bihar Penal Code
  • Whether the alleged simple injury and lack of prior criminal antecedents justify granting bail
  • Whether the familial relationship between the petitioner and the informant’s husband influences the bail decision

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • family dispute
  • injury
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42884 of 2026
                         Arising Out of PS. Case No.-11 Year-2026 Thana- MANER District- Patna
                 ======================================================
                 Mahanand Rai S/o Ram Ishwar Rai Resident of Village- Naga Tola Goraiya
                 Sthan, P.S.- Maner, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewanand Tiwari, Advocate
                 For the Opposite Party/s :       Ms. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   30-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Maner P.S. Case No.11 of 2026 registered for the offence

                   punishable under Sections 126(2), 115(2), 109, 118(2), 303(2),

                   352, 351(2) & 3(5) of the BNS.

                                3. The case of the prosecution, in short, is that the

                   petitioner has assaulted with legs and fists to the informant on

                   his stomach and private parts.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that from perusal of the FIR it is clear

                   that the petitioner and husband of the informant both are own

                   brothers. Learned counsel for the petitioner has submitted that

                   there was dispute between the ladies of the house. It has been
            Patna High Court CR. MISC. No.42884 of 2026(2) dt.30-06-2026
                                                        2/2




                      submitted that the allegation against the petitioner is of causing

                      simple injury. It has further been submitted that the petitioner in

                      in judicial custody since 03.04.2026 having no criminal

                      antecedent.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      J.M.- 1st Class, Danapur in connection with Maner P.S. Case

                      No.11 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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