Patna High Court
MAHAVEER GONDversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner, subject to strict conditions.
Summary
Mahaveer Gond was arrested on 8 October 2025 in connection with an FIR alleging that he assaulted his sister‑in‑law, causing grievous injuries, and was charged under several sections of the Bharatiya Nyay Sanhita, 2023. The petitioner claimed a clean antecedent, alleged false implication, and argued that the injuries were not to vital parts of the body. The prosecution opposed bail, emphasizing the seriousness of the offences. The High Court considered the facts, the petitioner’s cooperation, and the nature of the injuries, and ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of appearance, non‑tampering with evidence, and verification of antecedents. The order also stipulated that bail could be cancelled if the petitioner violated any condition.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 126(2), 115(2), 117(2), 109, 74, 352, 351(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
- Whether the seriousness of the alleged assault and the risk of tampering with evidence justify denial of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- bail
- assault
- criminal procedure
- Bharatiya Nyay Sanhita
- injury
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87670 of 2025
Arising Out of PS. Case No.-526 Year-2025 Thana- BUXAR District- Buxar
======================================================
MAHAVEER GOND Son of Saral Gond Resident of Village - Chhotki
Sarimpur, P.S.- Buxar (Town), District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Arun Kumar Gupta, learned counsel for
the petitioner as well as Mr. Nitya Nand Tiwary, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
08.10.2025 in connection with Buxar(Town) P.S. Case No. 526
of 2025, F.I.R. dated 27.09.2025 for the offences punishable
under Sections 126(2), 115(2), 117(2), 109, 74, 352, 351(2),
3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that on 26.09.2025 at about 03:00 PM, the petitioner
along with other co-accused persons, who are in-laws of the
informant assaulted her due to which she received injuries and
later she was taken to Sadar Hospital, Buxar for treatment.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.87670 of 2025(2) dt.15-01-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. The informant is the sister-in-law
of the petitioner and due to some petty dispute the present
occurrence has taken place. Although there is specific allegation
against the petitioner that he assaulted the informant by means
of wooden stick on her head and left hand and the informant
received two injuries and both the injuries as opined by the
doctor is grievous in nature but the same is not on vital part of
the body. He further submits that the police after investigation
submitted the charge sheet and the petitioner is in custody since
08.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Buxar in connection with Buxar(Town) P.S.
Case No. 526 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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