Patna High Court

Upendra Rai @ Upendra Kumar YadavversusThe State of Bihar

Decided: 11 February 2026
Disposal: ALLOWED
Bench: HARISH KUMAR

Holding

The court held that bail should be granted, subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.

Summary

The petitioner, Upendra Rai, sought bail in connection with a criminal case (Mehsi P.S. Case No. 42 of 2025) involving multiple offences under the Bharatiya Nagrik Suraksha Sanhita. He alleged that the FIR was lodged on 28‑02‑2025 for an incident that allegedly occurred on 15‑02‑2025, raising a question of undue delay. The injury to the informant was found to be simple, and the petitioner had a fair antecedent. The State opposed bail, emphasizing the specific allegation of an axe blow to the informant's head. Considering the delay, the simple nature of the injury, and the petitioner's clean record, the court granted bail subject to a Rs.10,000 bond, two sureties, and a family member as one bailor, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.

Issues considered

Whether the delay in lodging the FIR warrants denial of bail.
Whether the simple nature of the injury and the petitioner's antecedent justify granting bail.
Whether the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita are satisfied for bail.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

bail
delay in FIR
simple injury
land dispute
Section 482
Bharatiya Nagrik Suraksha Sanhita
antecedent
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71228 of 2025
                     Arising Out of PS. Case No.-42 Year-2025 Thana- MEHSI District- East Champaran
                 ======================================================
                 Upendra Rai @ Upendra Kumar Yadav S/O Hitlal Rai Resident of village-
                 Kataha ward no. 10, P.S.- Mehsi, Dist.- East Champaran.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Abhishek Kumar
                 For the Opposite Party/s :        Mr.Nand Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   11-02-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Mehsi P.S. Case No. 42 of 2025, registered for the offences

                   punishable under Sections 126(2), 127(2), 115(2), 118(1), 109,

                   76, 352, 351(2), 303(2), 3(5) of the BNS.

                                3. The allegation against the petitioner is of causing

                   assault by means of an axe over the head of the informant,

                   besides misbehaviour and snatching of valuable with the help of

                   other accused persons.

                                4. Learned Advocate for the petitioner submitted that

                   allegedly the occurrence took place on 15.02.2025 but the

                   present FIR came to be instituted on 28.02.2025 without there

                   being any plausible explanation of delay. The parties are said to

                   have been bickering over a land dispute and, as such, false
Patna High Court CR. MISC. No.71228 of 2025(3) dt.11-02-2026
                                            2/3




          implication of the petitioner cannot be ruled out, is the

          contention of the learned Advocate for the petitioner. The injury,

          which is alleged to have sustained to the informant, later on

          found to be simple in nature as is evident from page -28 of the

          case diary. The petitioner bears fair antecedent and he

          undertakes that he will fully cooperate in the proceeding of the

          court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that

          there is specific accusation against the petitioner of causing axe

          blow over the head of the informant.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of inappropriate delay in lodging of the FIR, coupled with the

          simple nature of injury, besides the fair antecedent of the

          petitioner, let the petitioner abovenamed be released on bail, in

          the event of his arrest or surrender before the court below within

          a period of four weeks from the date of receipt/production of a

          copy of this order, upon furnishing bail bonds of Rs.10,000/-

          (ten thousand) with two sureties of the like amount each to the

          satisfaction of the learned Judicial Magistrate, First Class, East

          Champaran, Motihari in connection with Mehsi P.S. Case No.
           Patna High Court CR. MISC. No.71228 of 2025(3) dt.11-02-2026
                                                       3/3




                     42 of 2025, subject to the conditions laid down in Section

                     482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the

                     further condition that one of the bailors shall be the own/close

                     family members of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T

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