Patna High Court
CR. MISC./57717/2026 of Daya Nand Mehta Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57717 of 2026 Arising Out of PS. Case No.-94 Year-2026 Thana- KORHA District- Katihar ====================================================== Daya Nand Mehta S/O Genauri Mehta R/O Village- Bisrariya, P.O.- Korha, Distt.- Katihar. ... ...
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57717 of 2026
Arising Out of PS. Case No.-94 Year-2026 Thana- KORHA District- Katihar ======================================================
Daya Nand Mehta S/O Genauri Mehta R/O Village- Bisrariya, P.O.- Korha, Distt.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Umesh Kumar Yadav, Adv.
For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Korha P.S. Case no.94 of 2026 registered under sections 126(2), 115(2), 109(1) and 3(5) of BNS, 2023.
3. Allegation in the F.I.R is that on order of accused Rajesh Singh, accused Rupesh Kumar fired upon the informant’s son which hit his left thigh and thereafter he was brought to Sadar Hospital for treatment.
4. Learned counsel for the petitioner submits that it would be evident from the F.I.R. itself that the allegations levelled against the petitioner are general and omnibus in nature. So far as the verbal altercation and demand for withdrawal of the case are concerned, the specific allegation of opening fire at Patna High Court CR. MISC. No.57717 of 2026(2) dt.19-08-2026
the son of the informant is attributed to co-accused Rupesh Kumar, whose firing allegedly hit the son of the informant. It is further submitted that there is no specific allegation against the petitioner, who is permanently disabled with one hand and one leg, as evident from Annexure-P/2. It is contended that the petitioner has been falsely implicated in the present case on account of previous enmity. The petitioner undertakes to co- operate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that petitioner has two criminal antecedents. However, in response it has been submitted that petitioner is on bail in the said cases.
6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that specific allegation of opening firing is upon co-accused Rupesh Kumar, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Korha P.S. Case no.94 of 2026 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court, Patna High Court CR. MISC. No.57717 of 2026(2) dt.19-08-2026
subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the following conditions:- (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner. (II) He shall co-operate in the investigation/trial and in case of non-cooperation, the informant would be at liberty to file cancellation of their bail bonds.
Harsh/- (Soni Shrivastava, J) U T