Patna High Court
Tuntun MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, nine members of the Mehta family, were implicated in a case arising from a dispute that began when an informant's nephew accidentally struck Bahadur with a bicycle. The informant alleges that Bahadur and later the petitioners assaulted several persons, including the informant, using fists, lathis and firing weapons in the air, leading to an FIR under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioners contend that the incident was a minor altercation, that injuries were simple, that the firing was merely ornamental, and that they have been falsely implicated, with some of them having no prior criminal record. They applied for anticipatory bail, arguing that the FIR is exaggerated and that a parallel case has been filed against the informant. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail to the petitioners, subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on compliance with Section 482(2) of the Bharatiya Nyaya Sanhita. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences.
- Whether the allegations in the FIR constitute a serious offence warranting denial of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352, 482(2), 75
Subjects
- anticipatory bail
- assault
- FIR
- Section 482
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87748 of 2025
Arising Out of PS. Case No.-257 Year-2025 Thana- ALAMNAGAR District- Madhepura
======================================================
1. Tuntun Mehta S/o Bahadur Mehta R/o Village - Alamnagar, Ward No. 19,
P.S - Alamnagar, District - Madhepura
2. Bipin Mehta @ Bipin Kumar Mehta S/o Bahadur Mehta R/o Village -
Alamnagar, Ward No. 19, P.S - Alamnagar, District - Madhepura
3. Ravi Mehta @ Ravi Kumar Mehta S/o Akshewar Mehta R/o Village -
Alamnagar, Ward No. 19, P.S - Alamnagar, District - Madhepura
4. Bhashkar Kumar S/o Arun Mehta R/o Village - Alamnagar, Ward No. 19, P.S
- Alamnagar, District - Madhepura
5. Rakesh Kumar S/o Arun Mehta R/o Village - Alamnagar, Ward No. 19, P.S -
Alamnagar, District - Madhepura
6. Khushilal Mehta S/o Tuntun Mehta R/o Village - Alamnagar, Ward No. 19,
P.S - Alamnagar, District - Madhepura
7. Dhiraj Kumar S/o Narayan Mehta R/o Village - Alamnagar, Ward No. 19,
P.S - Alamnagar, District - Madhepura
8. Sanoj Mehta S/o Chicho Mehta R/o Village - Alamnagar, Ward No. 19, P.S -
Alamnagar, District - Madhepura
9. Mukesh Mehta S/o Kartik Mehta R/o Village - Alamnagar, Ward No. 19, P.S
- Alamnagar, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Barun Kumar Singh
For the Opposite Party/s : Mr.Anish Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 118(1), 109(1), 75, 352, 351(2), of
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the Bharatiya Nyaya Sanhita and Section 27 of Arms Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case and petitioner nos. 2
to 9 are persons with clean antecedent and the informant alleges
that on 10-8-2025, his maternal nephew by mistake dashed
Bahadur by his bicycle, on which Bahadur assaulted him with
fist and slap, hence informant tried to reason out with Bahadur,
when Bahadur abused and left and thereafter again came with
the accused persons including the petitioners at 8:30 pm and
Bahadur assaulted Dharam with farsa causing injury on head,
while Tuntun assaulted Ranjit by farsa causing injury on back
side of the head, thereafter Bipin assaulted Urmila by lathi on
head and Ravi along with other accused persons assaulted the
informant by lathi, fist and slap causing injury on different part
of the body while Tuntun and Bipin fired in the air.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from side of the
petitioner also Alamnagar PS case No. 258 of 2025 has
instituted against the informant and his side. It is also submitted
that on account of dispute which had arisen on account of
dashing of Bahadur by bicycle, the occurrence is alleged to have
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taken place in which both sides assaulted each other. It is further
submitted that no doubt it is alleged that side of the petitioners
assaulted Dharam, Ranjit, Urmila and informant, but then the
injury suffered by the injured has been opined to be simple by
the doctor. It is submitted that even from perusal of the FIR, it
would manifest that the blow is not alleged to have been
repeated. It is next submitted that petitioners are not criminals
and on account of minor dispute, the occurrence took place for
which FIRs came to be instituted from both the side. It is further
submitted that allegation of firing is exaggerated and ornamental
as no one was injured in the firing nor any empty cartridge was
recovered from the place of occurrence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
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Alamnagar P.S. Case No. 257 of 2025, subject to the conditions
as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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