Patna High Court
Mayank Mohan @ SannyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the court was not inclined to grant it given the serious nature of the allegations.
Summary
The petitioners, Mayank Mohan and Shekhar Pandey, sought anticipatory bail fearing arrest in a case registered under Sections 108 and 3(5) of the BNS for allegedly assaulting and threatening a deceased person, leading to his suicide. The prosecution alleged that the petitioners' actions caused the victim's death. The court examined the seriousness of the allegations and the potential for misuse of bail provisions. Considering the nature of the accusations, the court was not inclined to grant anticipatory bail. Consequently, the application for anticipatory bail was dismissed, and the petitioners were ordered to surrender within four weeks and apply for regular bail, failing which the police would be directed to arrest them.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case involving alleged assault and intimidation leading to suicide under Sections 108 and 3(5) of the BNS.
Legislation cited
- BNS — s. 108, 3(5)
Subjects
- anticipatory bail
- suicide
- assault
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63346 of 2025
Arising Out of PS. Case No.-83 Year-2025 Thana- KARJA District- Muzaffarpur
======================================================
1. Mayank Mohan @ Sanny S/O Subodh Tiwary R/O Village- Sonbarsa, P.S-
Kanti, Distt.- Muzaffarpur.
2. Shekhar Pandey @ Lav Kumar @ Shekhar Kumar S/O Pramod Pandey R/O
Village- Sonbarsa, P.S- Kanti, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok
For the Opposite Party/s : Mr.Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioners, learned
counsel for the Informant and learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Karja P.S. Case No. 83 of 2025 registered for the offence
under Sections 108, 3(5) of the BNS.
3. As per the prosecution case, the petitioners are
said to have assaulted and threatened the deceased and because
of the same, he committed suicide.
4. Considering the nature of allegations levelled
against the petitioners, this Court is not inclined to grant
anticipatory bail to the petitioners.
Patna High Court CR. MISC. No.63346 of 2025(5) dt.21-01-2026
2/2
5. Accordingly, this application for anticipatory
bail is dismissed.
6. The petitioners are directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Senior Superintendent of Police,
Muzaffarpur will take all steps for arrest of the petitioners.
7. Let a copy of this order this order be
communicated to the Senior Superintendent of Police,
Muzaffarpur through FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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