Created by Fuzzy Cloud

Patna High Court

Mukesh Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bond and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, Mukesh Kumar Rai and Ajay Rai, who are co‑sharers involved in a land dispute, were implicated in an assault on the informant's son and the informant herself, as alleged in FIR No. 205 of 2025. The FIR listed offences under several sections of the Bhartiya Nyaya Sanhita, including assault, attempt to murder and causing grievous hurt. The petitioners applied for anticipatory bail, arguing that the dispute was civil, the injuries were simple, and a counter‑case had also been filed against the informant. The Court considered the nature of the alleged offences, the simple injury, and the existence of a reciprocal case, and found no justification to deny bail. Accordingly, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the accused despite the serious offences alleged under the Bhartiya Nyaya Sanhita.
  • Whether the simple nature of the injury and the existence of a counter‑case justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • co‑sharer
  • assault
  • Section 482
  • Bhartiya Nagrik Suraksha Sanhita
  • Bhartiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89244 of 2025
                         Arising Out of PS. Case No.-205 Year-2025 Thana- BHELDI District- Saran
                 ======================================================
           1.     Mukesh Kumar Rai S/o Mahesh Rai R/o Village- Gopalpur, P.S- Bheldi,
                  Dist- Saran.
           2.    Ajay Rai @ Ajay Ray S/o Mahesh Rai R/o Village- Gopalpur, P.S- Bheldi,
                 Dist- Saran.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dewanand Tiwari
                 For the Opposite Party/s :        Mr. Raj Kishor Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026         1. Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Bheldi Police Station Case No. 205 of 2025, dated

                            27.07.2025,        disclosing        offences       under       Sections

                            126(2)/115(2)/118(1)/109/302(2)/352/351(2)/3(5) of the

                            Bhartiya Nyaya Sanhita.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 24.07.2025, the son of the informant was going

                            towards his shop, in the meanwhile, co-sharer of the

                            informant, namely, Vijay Rai @ Pagal Rai, including

                            accused person, started abusing and assaulting the
Patna High Court CR. MISC. No.89244 of 2025(2) dt.15-01-2026
                                            2/3




                  informant’s son by means of lathi. It has further been

                  alleged that when the informant intervened in order to

                  save her son, the co-accused persons assaulted her.

                  Petitioner no. 2, along with other accused persons,

                  assaulted indiscriminately to the informant and petitioner

                  no. 1, along with three other persons, also assaulted her

                  with fists and legs.

              4. Learned counsel for the petitioners submits that both the

                  parties are co-sharer and there is land dispute between

                  them. He next submits that occurrence has taken place on

                  24.07.2025, but the First Information Report has been

                  lodged on 27.07.2025. A counter-case, bearing Bheldi

                  Police Station Case No. 206 of 2025, was also lodged

                  against the informant and others on 27.07.2025. He

                  further submits that injury sustained by the informant is

                  simple in nature which would be evident from Annexure-

                  P/3.

              5. Having regard to the submissions made on behalf of the

                  parties and taking into consideration the fact that both the

                  parties are co-sharer having land dispute, case and

                  counter-case is there and injury sustained by the victim is

                  simple in nature, I am inclined to grant the petitioners
            Patna High Court CR. MISC. No.89244 of 2025(2) dt.15-01-2026
                                                        3/3




                              privilege of anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7. Let the petitioners, above named, in the event of their

                              arrest or surrender before the Court below within four

                              weeks, be released on bail on furnishing bail bond of Rs.

                              10,000/- (Ten Thousand) each with two sureties of the

                              like amount each to the satisfaction of learned Judicial

                              Magistrate First Class, Saran at Chapra, in connection

                              with Bheldi Police Station Case No. 205 of 2025, subject

                              to the condition laid down under Section 482 (2) of the

                              Bhartiya Nagrik Suraksha Sanhita, 2023.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.