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Patna High Court

Mahendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.85693 of 2025(4) dt.19-03-2026
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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
Patna High Court CR. MISC. No.85693 of 2025(4) dt.19-03-2026
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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
               Patna High Court CR. MISC. No.85693 of 2025(4) dt.19-03-2026
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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/-

U          T


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