Patna High Court
Sanjay MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner is entitled to pre‑arrest bail.
Summary
The petitioner, Sanjay Mehta, was implicated in a case (Deo P.S. Case No. 249/25) for alleged assault on the informant's family, charged under Sections 126(2), 115(2), 117(2), 109 and 190 of the BNS. He claimed innocence, asserting that the dispute arose from a water‑drainage issue and that any injury caused was in self‑defence and minor, as confirmed by a medical opinion. The State opposed his request for pre‑arrest bail. The Court examined the FIR, the nature of the injuries, and the petitioner’s clean criminal record, and concluded that the petitioner had made out a prima facie case for bail. Accordingly, the Court ordered that the petitioner be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS. The order also directed the District Court to verify the petitioner’s antecedents, and to withdraw the bail order if other cases are found.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the allegations of assault under the specified sections of the BNS
- Whether the nature of the injuries and the petitioner’s clean antecedent justify granting bail
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115, 117, 126, 190
Subjects
- pre‑arrest bail
- criminal procedure
- Section 482
- simple injuries
- clean antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89920 of 2025
Arising Out of PS. Case No.-249 Year-2025 Thana- DEV District- Aurangabad
======================================================
Sanjay Mehta S/O Jagarnath Mahto R/O Village- Khushiyalpur, P.S- Deo,
Distt.- Aurnagabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 15-01-2026 Heard Mr. Bindeshwar Prasad Singh, learned
counsel appearing on behalf of the petitioner and Mr. Mithlesh
Kumar Khare, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Deo P.S. Case No. 249/25 registered for the offence(s)
punishable under Sections 126(2), 115(2), 117(2), 109 and 190
of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioner assaulted the
family members of the informant, causing injuries.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. It is further submitted that
petitioner and informant are own gotia and due to dispute
Patna High Court CR. MISC. No.89920 of 2025(2) dt.15-01-2026
2/3
relating to drainage of water, both the parties entered into fierce
fight during which, in self defence, the petitioner may have
caused some injury on the informant’s side but the injuries
sustained by the injured are simple in nature as per the opinion
of the doctor. Petitioner has clean antecedent. On these grounds
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the allegation
made in the FIR and also the fact that the injuries sustained by
the injured are simple in nature, I am of the opinion that
petitioner, who is having clean antecedent, has, prima facie,
made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Aurangabad / Concerned Court in
connection with Deo P.S. Case No. 249/25, subject to the
conditions as laid down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.89920 of 2025(2) dt.15-01-2026
3/3
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
Checking your session…