Created by Fuzzy Cloud

Patna High Court

Mohan RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
Patna High Court CR. MISC. No.68872 of 2025(4) dt.21-01-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.68872 of 2025(4) dt.21-01-2026
                                                       4/4




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.