Patna High Court
Mintu Kumar Upadhyay @ Ajay Tiwari @ Mintu UpadhyayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted subject to surrender within eight weeks, a bail bond of Rs.10,000 and two sureties, under Section 482.
Summary
The petitioner, Mintu Kumar Upadhyay, was implicated in a FIR alleging assault with a sword causing a simple head injury to an informant, and faces charges under several sections of the Bhartiya Nyaya Sanhita. He applied for anticipatory bail, asserting a clean antecedent and arguing that the injury was minor. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the nature of the injury and the petitioner's clean record, ordered that anticipatory bail be granted if the petitioner surrenders within eight weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482. The order reflects the Court’s discretion to prevent undue harassment while ensuring compliance with the law.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bhartiya Nyaya Sanhita despite the pending charges.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 329(3), 3(5), 352, 482
Subjects
- anticipatory bail
- criminal procedure
- assault
- clean antecedent
- bail bond
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82715 of 2025
Arising Out of PS. Case No.-766 Year-2025 Thana- SIWAN CITY District- Siwan
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Mintu Kumar Upadhyay @ Ajay Tiwari @ Mintu Upadhyay Son of Rajendra
Upadhyay Resident of village- Anadnagar, P.s. and District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 329(3), 115(2),
118(1), 109, 352 & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., this petitioner assaulted on the head
of informant with sword. Doctor has found the injury simple in
nature. Petitioner claims clean antecedent.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
5. 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
Patna High Court CR. MISC. No.82715 of 2025(2) dt.05-01-2026
2/2
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Siwan in
connection with Siwan Nagar P.S. Case No. 766 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
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