Patna High Court
Mohan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Mohan Rai, a college professor, was implicated in PS Case No.279 of 2025 alleging assault on the mother of an informant and injury to a colleague, with charges under several sections of the B.N.S. He contended that he was falsely implicated, had no involvement in the incident, and possessed a clean antecedent. The State opposed his application for anticipatory bail. The High Court examined the allegations, the petitioner’s denial, and the provisions of Section 438 of the Code of Criminal Procedure read with Section 482 of the B.N.S. It granted anticipatory bail subject to a Rs 10,000 bond, two sureties and conditions regarding physical presence in court and verification of antecedents. The order clarified that its observations would not affect the trial and the application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC in view of the allegations under the B.N.S.
- Whether the petitioner’s claim of false implication and clean antecedent warrants the grant of bail
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 482(2), 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false implication
- assault
- criminal procedure
- Section 438
- Section 482
- B.N.S. offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68872 of 2025
Arising Out of PS. Case No.-279 Year-2025 Thana- MURLIGANJ District- Madhepura
======================================================
Mohan Rai S/o Late Gopal Yadav R/o - Ward No.- 6, Borarahi (Tapra Tola),
P.O - Chandpur Bha, P.S - Belaganj, District - Purnea Presently posted as
Professor in Ambika Upendera College Murliganj, P.S - Murliganj, District -
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Giri, Adv.
Mr. Manish Kumar, Adv.
Mr. Kishore Saurabh, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Murliganj P.S. Case No. 279 of 2025 dated 13.06.2025
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 74, 303(2) and 3(5) of the B.N.S.
3. As per the prosecution case, the informant has
alleged that his mother namely, Rekha Kumari was posted as
Professor in Ambika Upendra College at Murliganj and the
In-charge Principal namely, Maheswari Kumar Mahesh
misbehaved with her and a scuffle took place between the
parties. It is further alleged that the colleague of the Professor
Patna High Court CR. MISC. No.68872 of 2025(4) dt.21-01-2026
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Maheswari Kumar Mahesh namely, Mohan Rai (petitioner)
assaulted the mother of the informant and it is alleged that the
petitioner assaulted with dabiya causing injury in the finger of
the injured, Rabindra Kumar.
4. The learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case and he was not
involved in the said incident. It has further been submitted that
admittedly, a scuffle took place between Maheswari Kumar
Mahesh and the mother of the informant and the petitioner has
no concern whatsoever with the said incident. It has further been
submitted that the petitioner caused an incised wound on the
middle index finger of Ravindra Kumar is a false and concocted
story. However, the petitioner who is a Professor in a college,
has no concern to carry the said nature of arms which is said to
have been used for causing such injury. It has also been
submitted that the injury sustained by the injured were not
dangerous to life and it was inflicted on non-vital part of the
body. It has lastly been submitted that the petitioner has clean
antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
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parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
court in connection with Murliganj P.S. Case No. 279 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
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petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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