Mukesh Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89244 of 2025 Arising Out of PS. Case No.-205 Year-2025 Thana- BHELDI District- Saran ====================================================== 1.
Mukesh Kumar Rai S/o Mahesh Rai R/o Village- Gopalpur, P.S- Bheldi, Dist- Saran.
2.
Ajay Rai @ Ajay Ray S/o Mahesh Rai R/o Village- Gopalpur, P.S- Bheldi, Dist- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewanand Tiwari For the Opposite Party/s :
Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-01-2026
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Bheldi Police Station Case No. 205 of 2025, dated 27.07.2025, disclosing offences under Sections 126(2)/115(2)/118(1)/109/302(2)/352/351(2)/3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report, is that on 24.07.2025, the son of the informant was going towards his shop, in the meanwhile, co-sharer of the informant, namely, Vijay Rai @ Pagal Rai, including accused person, started abusing and assaulting the
Patna High Court CR. MISC. No.89244 of 2025(2) dt.15-01-2026 2/3 informant's son by means of lathi. It has further been alleged that when the informant intervened in order to save her son, the co-accused persons assaulted her. Petitioner no. 2, along with other accused persons, assaulted indiscriminately to the informant and petitioner no. 1, along with three other persons, also assaulted her with fists and legs.
4. Learned counsel for the petitioners submits that both the parties are co-sharer and there is land dispute between them. He next submits that occurrence has taken place on 24.07.2025, but the First Information Report has been lodged on 27.07.2025. A counter-case, bearing Bheldi Police Station Case No. 206 of 2025, was also lodged against the informant and others on 27.07.2025. He further submits that injury sustained by the informant is simple in nature which would be evident from AnnexureP/3.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-sharer having land dispute, case and counter-case is there and injury sustained by the victim is simple in nature, I am inclined to grant the petitioners
Patna High Court CR. MISC. No.89244 of 2025(2) dt.15-01-2026 3/3 privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Saran at Chapra, in connection with Bheldi Police Station Case No. 205 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J) ashwani/- U T