Patna High Court – Orders
Mahesh Kumar Ray @ Mahesh Kumar vs The State Of Bihar on 29 August, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40472 of 2025
Arising Out of PS. Case No.-239 Year-2021 Thana- SARAI District- Vaishali
======================================================
Mahesh Kumar Ray @ Mahesh Kumar R/o Shiv Narayan Ray Resident of
Village- Paura, P.S.- Sarai, District- Vaishali at Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Adv.
For the Opposite Party/s : Mr. Rabindra Kumar, APP
For the Informant : Mr. Rajeev Ranjan II, Adv.
Smt. Priyanka Kumari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 29-08-2025
1. Heard learned counsel for the petitioner, learned
APP for the State, Mr. Rabindra Kumar and the learned counsel
appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 341, 447,
323, 324, 354, 307, 504 and 34 of the Indian Penal Code.
3. The learned APP, at the outset, submits that by
order dated 22.08.2025, the Investigating Officer of the case
was directed to remain physically present along with a copy of
the final injury report, but today, the SHO, Sarai P.S. has come
along with the injury report, as the mother of the Investigating
Officer of the case has suffered brain haemorrhage.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.40472 of 2025(4) dt.29-08-2025
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petitioner is a person with clean antecedent and the informant
alleges that accused persons including the petitioner came and
petitioner assaulted him by Hansua causing injury on head,
while other accused assaulted him by lathi and danda, further
Abhiranjan and Rajesh assaulted his wife by an iron rod on
abdomen who was pregnant, thereafter people gathered and the
informant and his wife were brought to the hospital for
treatment.
5. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that no reason for the occurrence
is alleged and the entire family members have been implicated.
It is further submitted that on account of dispute relating to
election, an altercation had taken place in which both sides
assaulted each other. It is also submitted that even injury
suffered by the informant is simple in nature which amply
demonstrates that petitioner never had any intention of
committing a serious occurrence.
6. Learned A.P.P. for the State and the learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the petitioner, but then are not in a position
to rebut the submission of the learned counsel appearing on
Patna High Court CR. MISC. No.40472 of 2025(4) dt.29-08-2025
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behalf of the petitioner that injury suffered by the informant is
simple in nature.
7. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Sarai P.S. Case
No. 239 of 2021 subject to the conditions as laid down under
Section 482 (2) of BNSS.
8. The personal appearance of the SHO, Sarai Police
station is dispensed with.
9. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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