Patna High Court
Mahendra Kumar @ Mahendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted subject to surrender within eight weeks and a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Mahendra Kumar, sought anticipatory bail after an FIR alleged that he assaulted his sister‑in‑law and her husband with a knife, causing simple injuries. The petitioner argued that the incident stemmed from a family dispute, the injuries were minor, and he has a clean antecedent. The State opposed the bail, contending the seriousness of the offences listed under the Bhartiya Nyaya Sanhita. The Court considered the nature of the injuries, the petitioner’s clean record, and the statutory provisions governing anticipatory bail. It granted anticipatory bail on the condition that the petitioner surrenders within eight weeks and furnishes a bail bond of Rs.10,000 with two sureties, subject to Section 482 of the B.N.S.S., 2023.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482 of the Bhartiya Nyaya Sanhita for the offences alleged?
- Whether the nature of the injuries and the petitioner’s clean antecedent justify bail?
Legislation cited
- Bhartiya Nyaya Sanhita — s. 110, 115(2), 118(1), 126(2), 303(2), 3(5), 352, 482, 76
Subjects
- anticipatory bail
- assault
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 482
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7201 of 2026
Arising Out of PS. Case No.-774 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Mahendra Kumar @ Mahendra Ray S/o Chhabila Ray @ Chhabila Rai
Resident of Vill- Satwariya, P.S.- Shikarpur, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar
For the Opposite Party/s : Mr.Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 118(1),
110, 76, 303(2), 352 & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., this petitioner assaulted informant
and her husband with knife.
4. Learned counsel for the petitioner submits that
informant is own Bhabhi of petitioner and due to some family
dispute, simple maarpeet took place. Injuries, allegedly caused
by this petitioner, are simple in nature. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
Patna High Court CR. MISC. No.7201 of 2026(2) dt.19-02-2026
2/2
6. Considering the nature of injury and clean
antecedent, in the event of arrest/surrender within a period of
eight weeks from today, let the above named petitioner be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. - VI, Bettiah, West Champaran /
concerned Court in connection with Shikarpur P.S. Case No.
774 of 2025, subject to condition as laid down under Section
482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…