Mahesh Yadav @ Mahesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58911 of 2025 Arising Out of PS. Case No.-645 Year-2024 Thana- FATUA District- Patna ====================================================== Mahesh Yadav @ Mahesh Kumar S/o Rama Yadav Resident of VillageNaraina, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-09-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126, 115(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he runs a tea stall and while he was sitting at his shop, when accused persons came and took out Rs. 11,000/- from the cash box and when the informant protested, the accused persons assaulted him.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.58911 of 2025(2) dt.10-09-2025 2/3 informant. It is next submitted that a minor scuffle has been given colour of assault. It is further submitted that though opinion with regard to one injury is reserved, but then the other injury has been opined to be simple in nature. It is also submitted that there is no allegation of assault against the petitioner, but then it is alleged that while fleeing from the place of occurrence, the petitioner fired but then no one was injured. It is submitted that allegation of firing was alleged only to give serious colour to the case. It is reiterated and submitted that petitioner is a person with clean antecedent. It is further submitted that Rama Yadav along with three others had approached this Court seeking anticipatory bail by filing Cr. Misc No. 41111 of 2025 and the same was allowed by an order dated 9-7-2025 by a learned Co-ordinate Bench. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

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

Patna High Court CR. MISC. No.58911 of 2025(2) dt.10-09-2025 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Fatuha P.S. Case No. 645 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T