Maheshwar Kumar @ Maheshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21642 of 2026 Arising Out of PS. Case No.-9 Year-2026 Thana- KORMA District- Sheikhpura ====================================================== 1.

Maheshwar Kumar @ Maheshwar Prasad Son of Bindeshwari Mahto @ Vindeshwari Mahto R/o Village - Sahra, P.S. - Korma, Dist. - Sheikhpura. 2.

Chand Kumar Son of Sanjay Mahto R/o Village - Sahra, P.S. - Korma, Dist. - Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the State :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-06-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Korma P.S. Case No. 09 of 2026 dated 27.01.2026, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 110, 352, 351(2) and 3(5) of B.N.S., 2023.

3. As per allegation, the informant was assaulted by the petitioner and other co-accused on the occasion of Saraswati Puja during bisarjan of the statue of goddess saraswati.

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.21642 of 2026(3) dt.24-06-2026 2/3 case. He further submits that as a matter of fact, there was minor altercation amongst the participants on the occasion of Saraswati Puja and the injury allegedly caused is simple in nature and hence, no offence is made out, let alone offence of attempt to murder. At most, it is a case of simple hurt which is bailable in nature.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner No. 2 has no criminal antecedent, whereas petitioner No. 1 has one criminal antecedent.

7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the simple nature of the injury, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Concerned Court below, in connection with Korma P.S.

Patna High Court CR. MISC. No.21642 of 2026(3) dt.24-06-2026 3/3 Case No. 09 of 2026, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J) shoaib/- U T