Patna High Court
Mahesh Kumar @ Mahesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed anticipatory bail to the petitioner, subject to a cash bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Mahesh Kumar, sought anticipatory bail after being implicated in a case involving alleged theft of a tractor loaded with chips from a forest department premises and assault on officials. The FIR alleged offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including theft, assault, and intimidation. The petitioner contended he was not the owner or driver of the tractor and that the allegations were false, citing a clean antecedent and the grant of pre‑arrest bail to a co‑accused. The State opposed the bail, arguing the seriousness of the charges. The Court, applying Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, allowed anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions, and directed that the bail be enlarged if the petitioner is arrested within eight weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious allegations.
- Whether the nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023, justifies denial of anticipatory bail.
- Whether there is a likelihood of the petitioner fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 120(2), 121(2), 126(2), 132, 303, 324, 329(20), 3(5), 351(3), 352
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- forest department theft
- assault on officials
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8833 of 2026
Arising Out of PS. Case No.-129 Year-2024 Thana- KAJRA District- Lakhisarai
======================================================
Mahesh Kumar @ Mahesh Singh S/o Mahendra Prasad Singh R/o Village-
Narottampur, PS- Kajra, Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 115(2), 126(2), 109, 132,
120(2), 121(2), 324, 329(20, 303, 351(3), 352 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the allegation in the First Information
Report, which has been lodged by the forest official, a tractor
with trailer, without number, loaded with chips was seized and
had been brought in the premises of Forest Department, Kajra
for verification and necessary action. In the meantime,12 to 15
persons jumped into the premises and started abusing the
informant and other officials of the Forest Department.
Meanwhile, other co-accused, namely, Sajjan Singh,
Patna High Court CR. MISC. No.8833 of 2026(2) dt.11-02-2026
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personalized himself to be PACS chairman, asked the informant
to release the tractor and trailer. On refusal by the informant,
petitioner and other accused persons assaulted the officials with
lathi, danda and iron rod. It is further alleged that Sajjan Singh
with the help of his brother Sooraj Singh, another accused and
other accused persons started the tractor and forcibly took away
the seized Tractor with trailer loaded with chips. Said tractor
was having no registration number. Sajjan Singh is also alleged
to have threatened the informant to prevent himself from
informing police and not to seize his vehicle in future, otherwise
they would be killed. Accused persons also snatched
Rs.10,000/- from the informant and damaged his mobile phone.
4. Learned counsel for the petitioner submits that
petitioner that the petitioner is innocent and have falsely been
implicated in this case. Petitioner is neither owner nor driver of
the tractor in question. Allegation appears to be motivated, as no
one can dare to enter into the premises of the Forest Department
and forcibly took away the seized tractor. Similarly situated co-
accused Anant Kumar has already been allowed pre-arrest bail
by a co-ordinate bench of this Court vide order passed in
Cr.Mis.No. 10526/2025. This petitioner claims clean antecedent.
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5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, this
anticipatory bail is allowed and it is ordered that let the above
named petitioner in the event of his arrest/surrender before the
court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned S.D.J.M., Lakhisarai in connection with
Kajra P.S. Case No. 129 of 2024, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Jyoti Kumari/-
U T
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