Patna High Court
Mukesh Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 302(2), 3(5), 351(2), 352
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
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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
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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
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