Patna High Court
Mahendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was granted to Mahendra Singh and Juli Devi but denied to Praveen Kumar.
Summary
The petitioners Mahendra Singh and Juli Devi applied for anticipatory bail in connection with FIR No. 94 of 2025 alleging assault with an iron rod that caused the death of the informant's father. They contended that the FIR was filed out of a family feud and that the allegations were general and omnibus, noting their advanced age (70 years) and that Juli Devi is a housewife. The State opposed the bail, arguing that the assault was brutal and resulted in death by asphyxia, and that a Section 82 proceeding was already underway. The Court, considering the nature of the allegations, the petitioners' age, and the lack of specific external injury, granted anticipatory bail to Mahendra Singh and Juli Devi subject to bond and sureties. However, the Court rejected the anticipatory bail application of co‑petitioner Praveen Kumar, who is 34 years old, on the ground that a Section 82 proceeding had already been issued against him.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the provisions of the Bhartiya Nayay Sanhita and Criminal Procedure Code.
- Whether the allegations against the petitioners constitute a false or general omnibus charge warranting bail.
- Whether the existence of a Section 82 proceeding precludes anticipatory bail for Praveen Kumar.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 103(i)
- Code of Criminal Procedure, 1973 — s. 82
Subjects
- anticipatory bail
- false implication
- assault causing death
- age factor
- omnibus allegation
- Bhartiya Nayay Sanhita
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85693 of 2025
Arising Out of PS. Case No.-94 Year-2025 Thana- Shahpur P.S. District- Nawada
======================================================
1. Mahendra Singh S/O Late Yugal Singh Resident of village- Sarkatti, P.S.-
Shahpur, District- Nawada
2. Juli Devi @ Bhukki Devi W/O Praveen Kumar @ Ram Virendra Singh
Resident of village- Sarkatti, P.S.- Shahpur, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 85741 of 2025
Arising Out of PS. Case No.-94 Year-2025 Thana- Shahpur P.S. District- Nawada
======================================================
Praveen Kumar @ Ram Virendra Singh Son of Mahendra Singh R/o Village-
Sarkatti, P.S.- Shahpur, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 85693 of 2025)
For the Petitioner/s : Mr. Siyaram Shahi, Advocate
Mr.Anirudh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
For the Informant : Mr. Birendra Kumar, Advocate
Mr. Kumud Kishore, Advocate
(In CRIMINAL MISCELLANEOUS No. 85741 of 2025)
For the Petitioner/s : Mr. Siyaram Shahi, Advocate
Mr.Anirudh Kumar Sinha, Advocate
For the Opposite Party/state: Mr. Nawal Kishore Prasad
For the Informant : Mr. Birendra Kumar, Advocate
Mr. Kumud Kishore, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 19-03-2026 1. Heard the parties.
2. Since both these applications arise out of the same F.I.R.,
as such, both are taken up together and are being disposed of by
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this common order.
3. The petitioners apprehend their arrest in connection with
Shahpur P.S. Case No. 94 of 2025 dated 12.09.2025 registered
under Sections 126(2) / 115(2) / 117(2) / 109 / 74 / 352 / 351(2)
/ 3(5) of the Bhartiya Nayay Sanhita, 2026 subsequently vide
order dated 08.10.2025 added Section 103(i) of the Bhartiya
Nayay Sanhita 2023.
4. As per the prosecution case on 12.09.2025 at about 9:30
Hours while the informant’s father was taking breakfast, the
petitioners along with other accused persons, total five in
number, arrived at the informant’s house and started abusing.
When the informant’s father came out and objected, the
petitioners and others accused persons assaulted him with iron
rod and khanti due to which he fell down and became
unconscious. Subsequently, during course of treatment he died
on the next day.
5. Mr. Siyaram Shahi, learned counsel for the petitioners
argued that the present F.I.R. has been lodged against entire
family member of the petitioners due to previous enmity
between the parties inasmuch as earlier Shahpur P.S. Case No.
93 of 2025 was lodged by the petitioner no. 2 in Cr. Misc. No.
85693 of 2025 against the informant, the deceased under
Patna High Court CR. MISC. No.85693 of 2025(4) dt.19-03-2026
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Section 126(2) / 115(2) / 117(2) / 76 / 352 / 351(2) / 3(5) of the
B.N.S. (Annexure- P/2). Cause of false implication is further
bolstered by the fact that the co-accused Praveen Kumar lodged
Shahpur P.S. Case No. 32 of 2024 dated 23.05.2024 for offence
under Section 366(A) of the I.P.C. alleging that the daughter of
Praveen Kumar was kidnapped by the son of the deceased Ram
Shankar Kumar @ Bilan. Police after investigation submitted
charge sheet against Ram Shankar Kumar @ Bilan, S/o Prahlad
Singh. It has further been submitted that the allegation against
the petitioners is general and omnibus in nature and no external
injury has been caused to the deceased except only one swelling
on the head of the deceased. The petitioner no. 1 is aged about
70 years and petitioner no. 2 is a lady and housewife. The entire
family member from the side of the petitioners have been made
accused in this case.
6. On the other hand, Mr. Birendra Kumar, learned counsel
for the informant as well as learned counsel for the State
opposed the prayer for anticipatory bail and submits that
petitioners along with other accused persons brutally assaulted
the deceased due to which he died in hospital on the very next
day of the occurrence. Doctor has opined cause of death due to
asphyxia caused by hard and blunt substance in the post
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mortem. He next submits that proceeding under Section 82
Cr.P.C. has already been issued against the petitioners.
7. Considering the rival submissions of the parties, taking
into consideration the fact that there is general and omnibus
allegation against the petitioners, the background of the case in
totality coupled with the fact that petitioner no. 1 & 2 in
Cr. Misc. No. 85693 of 2025 are 70 years old and is lady
respectively, as such, I am inclined to grant anticipatory bail to
petitioner no. 1 & 2 namely, Mahendra Singh & Juli Devi @
Bhukki Devi.
8. Let the petitioner no. 1 & 2 in Cr. Misc. 85693 of 2025,
above named, be released on anticipatory bail in the event of
arrest or surrender before the court below within a period of four
weeks from today on furnishing bail bond of Rs. 10,000/-
(rupees ten thousand) each with two sureties of the like amount
each to the satisfaction of Additional Chief Judicial Magistrate-
VI, Nawada in connection with Shahpur P.S. Case No. 94 of
2025 subject to the condition as laid down under Section 482 (2)
of the B.N.S.S.
9. Insofar as Cr. Misc. No. 85741 of 2025 is concerned, the
petitioner therein is aged about 34 years of age, the nature of
allegation and the fact that process under Section 82 Cr.P.C. has
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been issued against the petitioner, as such, I am not inclined to
grant anticipatory bail to the petitioner- Praveen Kumar @ Ram
Virendra Singh. The anticipatory bail application of Praveen
Kumar @ Ram Virendra Singh is rejected.
(Anil Kumar Sinha, J)
praful/-
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