Patna High Court
Mahesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Mahesh Kumar was arrested in connection with a case registered under Sections 109(1), 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act after allegedly firing at an informant, causing a leg injury. The petitioner claimed he was falsely implicated, citing a land dispute and a prior case lodged by his brother against members of the prosecution. The State opposed his bail, arguing the seriousness of the offences. The court examined the nature of the injury, the claim of false implication, and the circumstances of the incident. It ordered the release of the petitioner on regular bail with a bond of Rs.10,000 and two sureties, subject to his cooperation with the trial. The order also required the petitioner to appear as directed by the Additional Chief Judicial Magistrate.
Issues considered
- Whether regular bail should be granted to the accused in offences under Sections 109(1), 3(5) of the BNS and Section 27 of the Arms Act.
- Whether the claim of false implication and the nature of the injury justify bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109(1), 3(5)
Subjects
- regular bail
- Arms Act
- Bihar Negotiable Instruments Act
- false implication
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5548 of 2026
Arising Out of PS. Case No.-119 Year-2024 Thana- Singhaul District- Begusarai
======================================================
Mahesh Kumar Son of Sri Rambalak Singh Resident Of Village- Ramdiri
Nakti Tola No 5 P.s- Matihani District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kr. Thakur, Adv.
Mrs.Vaishnavi Singh, Adv.
Mr.Ritwik Thakur, Adv.
For the State : Mr.Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Singhaul P.S. Case No. 119 of 2024, registered for
the offences punishable under Sections 109(1), 3(5) of the BNS and
27 of Arms Act.
3. On 25.08.2024 at about 09:30 A.M., while the
informant was returning to his village with his friend Sachin Kumar
on a motorcycle, the accused persons including the petitioner
intercepted them near Itwa H.P.S. School. On refusal to stop the
motorcycle, the petitioner fired at the informant, causing a gunshot
injury to his right leg, and co-accused Ranjeet Kumar also fired at his
head but missed. Thereafter, the accused persons fled away and the
Patna High Court CR. MISC. No.5548 of 2026(2) dt.16-02-2026
2/2
injured was taken to Sadar Hospital, Begusarai for treatment.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated. Both
the parties are agnates. The injuries on the person of the injured
though caused by fire arm, but simple in nature, according to opinion
of the doctor. Learned counsel has submitted further that there is land
dispute between the parties and the petitioner is under custody since
13.11.2025. Few days prior to the occurrence, according to
submission of the learned counsel, brother of the petitioner had
lodged a case against the members of the prosecution side.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail on
furnishing bail bonds of Rs.10,000/- with two sureties of the like
amount each to the satisfaction of learned Additional Chief Judicial
Magistrate-IV, Begusarai in connection with Singhaul P.S. Case No.
119 of 2024, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as and
when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.