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Patna High Court

Indal Mahra @ Indal Kumar Ram @ Andal MehraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000 and the conditions imposed by the Court.

Summary

Indal Mahra was arrested on 25 September 2025 in connection with FIR dated 25 March 2025 alleging assault on the son of an informant, invoking several sections of the Bihar Penal Code (BNS). The petitioner, represented by Mr. Ravi Prakash, argued that he has a clean antecedent, the incident arose from a petty dispute, and there is no intention to kill, constituting a case and counter‑case. The State, through APP Mr. Nirmal Kumar Sinha, opposed bail. The Court considered the petitioner’s clean record, the nature of the offences, and the period of custody, and ordered bail on a bond of Rs.10,000 with two sureties and specific conditions regarding trial cooperation, evidence tampering, and disclosure of antecedents. The bail order was directed to be implemented by the Sub‑Divisional Judicial Magistrate, Madhubani.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the Bihar Penal Code.
  • Whether the presence of a case and counter‑case and the petitioner’s clean antecedent justify granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • case and counter‑case
  • clean antecedent
  • Bihar Penal Code
  • section 352
  • section 109
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90752 of 2025
                     Arising Out of PS. Case No.-102 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
                 Indal Mahra @ Indal Kumar Ram @ Indal Mehra Son of Ram Prakash Mahra
                 Village -Bhagwatipur PS -Ladaniya (Ladania) District -Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Prakash, Advocate
                 For the Opposite Party/s :       Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-01-2026                  Heard Mr.Ravi Prakash, learned counsel for the

                   petitioner and Mr.Nirmal Kumar Sinha, learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   25.09.2025 in connection with Ladaniya (Ladania) P.S. Case

                   No. 102 of 2025, F.I.R. dated 25.03.2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 118(1), 109,

                   352, 351(2),3(5) of BNS.

                                3. Allegation against the petitioner is that he assaulted

                   to the son of the informant with Farsa.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. Although the

                   petitioner is named in the FIR, there is specific allegation

                   against the petitioner in the FIR that he assaulted to the son of
Patna High Court CR. MISC. No.90752 of 2025(2) dt.13-01-2026
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          the informant and he has received the injury. There is case and

          counter case. Further submits that it appears from the FIR itself

          that due to some petty dispute the present occurrence had taken

          place. Although the son of the informant has received the injury

          but there is no intention of the petitioner to kill him. The police,

          after investigation, submitted chargesheet against the petitioner

          and the petitioner is in custody since 25.09.2025.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has clean

          antecedent, there is case and counter case as well as period of

          custody, let the petitioner, above named, be released 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,Madhubani in connection with Ladaniya (Ladania) P.S.

          Case No. 102 of 2025,with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the
               Patna High Court CR. MISC. No.90752 of 2025(2) dt.13-01-2026
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                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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