Patna High Court
Mahendra ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, finding no intention to cause death and noting the filing of the charge‑sheet.
Summary
The petitioner, Mahendra Chauhan, was charged under Sections 126(2), 115(2), 109, 329, 74, 351, 352 and 3(5) of the B.N.S. for allegedly assaulting an informant and her son after a dispute over a petty issue. The petitioner contended that he is a relative of the informant and that the altercation was a spontaneous fight, resulting only in simple injuries to the informant and a grievous and a simple injury to her son when the son intervened. The State opposed bail, relying on the FIR allegations. The court considered that the injuries to the son were incurred during the intervention, that there was no intention to cause death, and that the charge‑sheet had already been filed after the petitioner had been in custody since 12‑09‑2025. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious offences alleged in the FIR
- Whether the circumstances of the assault demonstrate an intention to cause death or grievous harm
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 329, 3(5), 351, 352, 74
Subjects
- bail
- criminal procedure
- assault
- intent
- charge-sheet
- FIR
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80499 of 2025
Arising Out of PS. Case No.-15 Year-2025 Thana- ARIYARI District- Sheikhpura
======================================================
Mahendra Chauhan S/o Late Chauthi Chauhan R/o Village - Jodhanbigha, P.S
- Ariyari, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
: Mr. Rajnish Kumar, Advocate
: Ms. Sweta B, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 126(2), 115(2), 109, 329,
74, 351, 352 and 3(5) of the B.N.S.
3. As per the prosecution case, it is alleged that the
petitioner, along with other co-accused persons, entered the
informant’s house and assaulted her and her son.
4. The learned counsel for the petitioner submits
that the petitioner is a gotiya of the informant and the First
Information Report itself indicates that on a very petty issue of
washing at the door of the house, a dispute took place resulting
in a free fight between the parties. The F.I.R. also indicates that
the verbal altercation was taking place with the informant, but
since informant’s son intervened in the matter he was hit owing
to which he sustained one grievous injury and another simple.
Patna High Court CR. MISC. No.80499 of 2025(4) dt.20-02-2026
2/2
However, the injury of the informant is simple in nature. The
petitioner is in custody since 12.09.2025 and charge-sheet has
been submitted and in the facts of the case no intention to cause
death of the informant or her son can be imputed.
5. Learned APP for the State opposed the grant of
bail on the ground of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the informant’s son
received injuries only at a time when he intervened in an
altercation between the informant and petitioner on very petty
issue, coupled with the fact that the charge-sheet has been
submitted and the petitioner has remained in custody since
12.09.2025, let the above named petitioner, be released on bail
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 A.C.J.M.-II, Sheikhpura/concerned Court below in
connection with Ariyari P.S. Case No. 15 of 2025.
(Soni Shrivastava, J)
anand/-
U T
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