Patna High Court
Mahesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail be granted to the petitioner.
Summary
Mahesh Singh was arrested in connection with a land‑dispute‑related assault alleged to have been committed with a sharp‑edged axe, attracting charges under Sections 341, 323, 307, 379, 504 read with 34 of the IPC. He has been in custody since 14 May 2025. The petitioner contended that the incident was a mutual free‑fight, that no serious external injury was evident, and that the X‑ray‑detected fracture was minor, thereby questioning the allegation of a grievous assault. He also argued that the charge‑sheet had already been filed, eliminating any risk of evidence tampering, and highlighted his clean antecedents. The State opposed bail. The court, noting the lack of repeated assault, absence of clear intent to cause death, the completed charge‑sheet, and the prolonged custody, ordered the release of the petitioner on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 437(3) CrPC and Section 480(3) BNSS.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the alleged assault and the charges under the IPC.
- Whether the existence of a charge‑sheet and the duration of custody justify bail.
- Whether the alleged injuries and intent to cause death are sufficient to deny bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504
Subjects
- bail
- assault
- Indian Penal Code
- land dispute
- charge sheet
- surety
- Section 437 CrPC
- Section 480 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55589 of 2025
Arising Out of PS. Case No.-417 Year-2023 Thana- PHULPARAS District- Madhubani
======================================================
Mahesh Singh, S/o Late Murat Singh, R/o Village-Bharahi Tole, Chharapatti,
P.S.- Phulparas, District- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for the
State.
2. The accused/petitioner seeks bail in
connection with Phulparas P.S. Case No.417 of
2023 registered for the offence punishable under
Sections 341, 323, 307, 379, 504 read with 34 of
the Indian Penal Code.
3. The accused/petitioner is named in the
FIR and is in custody since 14.05.2025.
4. Allegation against petitioner is to
assault the informant on her head by using sharp-
edged axe, which was alleged to cause with
intention to cause death, where occurrence arising
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out of land dispute.
5. It is submitted by learned counsel
appearing for petitioner that the occurrence was
basically free fight in nature, where both parties
received injuries during the occurrence. It is
submitted that upon medical examination, no
external injury was found upon informant, namely,
Ramkala Devi but, subsequently, on the basis of X-
ray report, a thin line fracture was found and,
therefore, the injury was reported as grievous. It is
submitted that the allegation of assault is not
appearing repeated and moreover no incised
wound, which appears prima facie probable in
terms of allegation, as same was alleged to be
caused by sharp-edged axe, no such injury was
found upon, making allegation doubtful on its face.
It is submitted that allegation of assault is not
appearing repeated, without having any
intervening circumstances, creating a doubt that
petitioner was under intention to cause death of
injured/informant.
6. Arguing further, it is submitted that
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investigation of this case has been completed, for
which, charge-sheet has been submitted and, as
such, there is no chance of tampering with the
evidence. The petitioner is a man of clean
antecedent.
7. Learned APP opposes the prayer for
grant of bail to the petitioner.
8. In view of aforesaid factual submissions
and by taking note of fact as the alleged assault
caused by petitioner not appears repeated, without
having any intervening circumstances, coupled
with the fact that charge-sheet has already
submitted, where petitioner remains in custody
since 14.05.2025, accordingly, the petitioner,
above-named, is directed to be released on bail
furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount
each to the satisfaction of the learned A.C.J.M.-II,
Jhanjharpur, Madhubani in connection with
Phulparas P.S. Case No.417 of 2023 corresponding
to G.R. No.1402 of 2023, subject to the conditions
as laid down under Section 437(3) of the
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CrPC/under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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