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Patna High Court

Mahesh RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied as the nature of the accusations warranted continued custody.

Summary

Mahesh Rai was arrested for allegedly assaulting the father of the informant, resulting in the father’s death. The FIR charges him under multiple sections of the B.N.S., 2023, including offences relating to assault, homicide and obstruction of justice. The petitioner applied for bail, arguing that he had been in custody since 11 June 2025. The court examined the seriousness of the allegations and the multiple serious charges, and concluded that granting bail would be inappropriate. Consequently, the bail application was rejected and the trial court was directed to expedite the trial of the case.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the charges under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109(1), 103(1), 352 and 351(3) of the B.N.S., 2023.

Legislation cited

  • B.N.S., 2023 — s. 103, 109, 115, 118, 126, 190, 191, 351, 352

Subjects

  • bail
  • assault
  • homicide
  • criminal procedure
  • trial expeditious

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.89223 of 2025
                     Arising Out of PS. Case No.-210 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
                    ======================================================
                    Mahesh Rai Son of Late Shankar Rai Resident of Village- Chak Pahar, P.O.-
                    Paharpur, P.S.- Baikunthpur, District- Gopalganj- 841420
                                                                                  ... ... Petitioner/s
                                                        Versus
                    The State of Bihar
                                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner      :       Mr.Jeetendra Narayan
                    For the State           :       Mr.Jai Narain Thakur
                    For the Informant       :       Mr.Radha Mohan Singh, Mr. Rananjay Kumar and
                                                    Mr. Shahid Jawed.
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      12-02-2026                    Heard learned counsel for the petitioner, learned

                      A.P.P. for the State and learned counsel for the informant.

                                   2. The petitioner seeks bail in a case registered for

                      offence under Sections 191(2), 191(3), 190, 126(2), 115(2),

                      118(1), 109(1), 103(1), 352 & 351(3) of the B.N.S., 2023.

                                   3. As per F.I.R., this petitioner inflicted Farsa blow on

                      the head of father of informant (deceased), whereas other co-

                      accused also assaulted him. Petitioner appears to be one of the

                      assailant of the deceased.

                                   4. Considering the nature of accusation, the prayer

                      for bail of petitioner is rejected. However, since petitioner is in

                      custody since 11.06.2025, the learned trial court is directed to

                      expedite the trial.


                                                     (Prabhat Kumar Singh, J)
anay

U        T


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