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Patna High Court

Mahesh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.55589 of 2025(3) dt.06-02-2026
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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
Patna High Court CR. MISC. No.55589 of 2025(3) dt.06-02-2026
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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
           Patna High Court CR. MISC. No.55589 of 2025(3) dt.06-02-2026
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                     CrPC/under Section 480(3) of BNSS.


                                                     (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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