Mahesh Kumar Ray @ Mahesh Kumar v. The State Of Bihar
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 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 2/3 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 3/3 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