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Patna High Court

Mahesh Kumar @ Mahesh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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.
           Patna High Court CR. MISC. No.8833 of 2026(2) dt.11-02-2026
                                                       3/3




                                  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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