Patna High Court

Mayanand SutiharversusThe State of Bihar

Decided: 8 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court ordered the release of the petitioner on bail, subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Mayanand Sutihar, was implicated in a FIR alleging assault, outrage of modesty, and arson against an informant and her family, with charges under multiple sections of the Bharatiya Nyaya Sanhita. He contended that the allegations were false and stemmed from a land dispute, noting that he had previously filed a case against the informant. The petitioner, having no prior criminal record, sought bail, offering to cooperate with the investigation. The State opposed the bail application. After considering the circumstances, the court granted bail, requiring a bond of Rs.10,000 with two sureties and subjecting the petitioner to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita.
Whether the petitioner's claim of false implication and lack of criminal antecedent justify bail.
Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 326(g), 329(4), 3(5), 351(2)(3), 352, 76

Subjects

bail
criminal procedure
false implication
land dispute
assault
arson
Bharatiya Nyaya Sanhita
Section 482
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81069 of 2025
                         Arising Out of PS. Case No.-334 Year-2025 Thana- PALASI District- Araria
                 ======================================================
                 Mayanand Sutihar Son of Hit Lal Sutihar Resident of Village - Kachmoh,
                 Police Station - Palasi, District - Araria.
                                                                          ... ... Petitioner/s
                                                        Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :        Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER
2   08-01-2026                            Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 329(4), 126(2), 115(2), 303(2), 326(g),

                   76, 352, 351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita.

                                    3. As per the F.I.R., the petitioner along with other

                   named accused persons abused and assaulted the informant and

                   her family members and also outraged the modesty of female

                   family members. It is further alleged that the accused persons

                   set fire over the residential house cum tractor house of the

                   informant causing damage of about Rs.1,00,000/-.

                                    4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case due to land dispute. Further

                   submission is that petitioner has earlier lodged a case bearing

                   Palasi P.S. Case No. 332 of 2025 against the informant and his

                   family members under various sections including Section 109 of
            Patna High Court CR. MISC. No.81069 of 2025(2) dt.08-01-2026
                                                        2/2




                      B.N.S., and in order to save skin from the said case, on

                      retaliation, informant has lodged the present case making false

                      allegation against the petitioner. F.I.R. has been lodged after a

                      delay of two days without any plausible explanation, which

                      itself creates a doubt over the veracity of the prosecution case.

                      Petitioner has got no criminal antecedent and he undertakes to

                      cooperate in the investigation and trial.

                                    5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                     6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, let

                      the above named petitioner be released on bail, in the event of

                      arrest or surrender before the learned court below within a

                      period of six 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 learned Chief Judicial

                      Magistrate, Araria in connection with Palasi P.S. Case No. 334

                      of 2025, subject to the conditions as laid down under Section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

Continue reading with your account

Checking your session…