Patna High Court
Mahanand RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Penal Code — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5), 351(2), 352
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.