Mahesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31571 of 2026 Arising Out of PS. Case No.-56 Year-2025 Thana- MOHANPUR District- Samastipur ====================================================== Mahesh Ray S/o Devnarayan Ray R/o South Dumari, P.O.- Bindgama Dumari, P.S.- Mohanpur, Dist.- Samastipur, Bihar- 848506 ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishal Vikram Rana, Adv.
Ms.Misha Bharti, Adv.
Mr.Utkarsh Vikram Rana, Adv.
Mr.Kumar Saurav Devi, Adv.
Mr.Aakash Priye, Adv.
Mr.Harsh, Adv.
Mr.Rishabh Kumar Rao, Adv.
For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Mohanpur P.S. Case No. 56 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 329(3), 109, 352, 351(2), 3(5) of BNS and Section 27 of Arms Act.
3. The prosecution case, in brief, is that as per the FIR lodged by informant, on 13.03.2025 at about 8:00 PM, the petitioner along with other accused persons allegedly came to the informant's house armed with weapons, abused and threatened the family members, and attempted to fire upon them. It is further alleged that on 14.03.2025, the accused persons again came
Patna High Court CR. MISC. No.31571 of 2026(2) dt.13-05-2026 2/3 armed with pistol, rifle and sharp weapons, fired gunshots, assaulted Sanjay Ray and Manjeet Kumar, broke open the doors and caused injuries to the victims.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated. There is a land-standing land dispute between the parties. The allegations are general and omnibus. Similarly situated accused persons have already been granted anticipatory bail by the court below.
5. On the other hand, the learned APP for the State has opposed the prayer for bail.
6. The remaining six accused persons have already been granted anticipatory bail. One of the co-accused, Shiv Shankar Rai, was/is similarly situated as that of the petitioner because in the FIR, there was an allegation against Shiv Shankar Rai of assaulting the informant's husband with a sharp talwar and also of firing at him. Since similarly situated accused persons, more particularly Shiv Shankar Rai, have already been granted the privilege of anticipatory bail by the court below, I find no reason to take a different view in the matter, particularly when the injuries sustained are said to be simple in nature and therefore, I am inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
Patna High Court CR. MISC. No.31571 of 2026(2) dt.13-05-2026 3/3 his arrest or surrender within four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sahpur Patori, Samastipur in connection with Mohanpur P.S. Case No. 56 of 2025, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further condition that :- (i) The petitioner shall co-operate in the investigation/ trial.
(ii) The learned Court below would, however, verify the criminal antecedent of the petitioner and in case 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, it is expected that the verification process would be done expeditiously without causing any delay. (Alok Kumar Sinha, J) kundan/- U T