Hanuman Madan Patil and Anr. vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

Hanuman Madan Patil and Anr. vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest in C.R. No. 235 of 2025 registered at Vitthalwadi Police Station (offences under Sections 189(1), 191(2), 191(3), 190, 118(2), 115(2), 351(2) and 352 BNS 2023, Sections 4 and 25 Arms Act, Section 37(1) read with 135 Maharashtra Police Act), the applicants to be released on executing a P.R. Bond of Rs.25,000/- each with one surety or two sureties in the like amount; conditions: attend the concerned police station as and when called by the Investigating Officer and cooperate in further investigation, and not commit any other crime.

Issue for consideration

Whether the applicants should be released on anticipatory bail in anticipation of arrest in Crime No. 235 of 2025 registered at Vitthalwadi Police Station.

Court's answer

The Court found that there is a cross FIR in relation to the alleged incident, that Section 118(2) of the BNS was invoked after 7 months of registration of the crime, and that there are no other criminal antecedents against the present applicants.

Ratio / Principle

Considering the overall facts and circumstances (cross FIR, delayed invocation of Section 118(2) BNS, absence of other criminal antecedents), the Court was inclined to release the applicants on anticipatory bail.

Detailed headnote1 paragraphs

Anticipatory bail granted — Bombay High Court (N.R. Borkar, J.; decision dated 20.01.2026) allowed Anticipatory Bail Application No. 94 of 2026 filed by Hanuman Madan Patil and Shanidas S. Patil, who apprehended arrest in Crime No. 235 of 2025 of Vitthalwadi Police Station for offences under Sections 189(1), 191(2), 191(3), 190, 118(2), 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 25 of the Arms Act and Section 37(1) read with 135 of the Maharashtra Police Act. Prosecution case: assault on the first informant, his brother and cousin with stick, stone and sword on 22 March 2025, allegedly causing grievous injuries; the State sought custodial interrogation to recover weapons. Bail was allowed in view of the cross FIR, the invocation of Section 118(2) BNS seven months after registration of the crime, and the absence of other criminal antecedents. Applicants directed to execute a P.R. Bond of Rs.25,000/- each with one surety or two sureties in the like amount, to attend the police station as and when called by the Investigating Officer, cooperate with further investigation, and not commit any other offence.

90-aba-94-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 94 OF 2026

Hanuman Madan Patil 2. Shanidas S. Patil …Applicants V/s.

The State of Maharashtra ...Respondent.

Mr. Vishal Patil for the Applicants. Mr. B.V. Holambe Patil, APP for the Respondent/State. PSI B.B. Kshirsagar, Vitthalwadi Police Station is present.

CORAM : N.R. BORKAR, J. DATE : 20.01.2026.

P.C. :

This is an application for anticipatory bail.

The applicants are apprehending their arrest in Crime No.235 of 2025 registered at Vitthalwadi Police Station for the offences punishable under Sections 189(1), 191(2), 191(3), 190, 118(2), 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Sections 4 and 25 of the Arms Act and Section 37(1) read with 135 of the Maharashtra Police Act.

It is the case of the prosecution that on the date of incident, which took place on 22^nd March 2025 on account of previous dispute, the applicants and other co-accused threatened and assaulted the first informant, his brother and cousin by stick, stone and sword. It is alleged that due to said assault the first informant, his brother and cousin sustained grievous injuries.

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Dinesh S. Sherla

90-aba-94-26.doc

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State.

Learned counsel for the applicants submits that Section 118(2) of the BNS came to be invoked after 7 months of registration of the crime. Learned counsel for the applicants submits that there is a cross FIR in relation to the alleged incident. It is submitted that the prosecution has already filed the chargesheet against the co-accused. The learned counsel submits that there are no other criminal antecedents against the present applicants.

On the other hand, learned APP for the respondent/State submits that at the time of incident, the applicants were armed with stick and sword. It is submitted that the custodial interrogation of the applicants is necessary to recover the said weapons. It is submitted that considering the nature of crime, the applicants may not be released on anticipatory bail.

There is a cross FIR in relation to the alleged incident. Section 118(2) of the BNS came to be invoked after 7 months of registration of crime. There are no other criminal antecedents against the present applicants. Considering the overall facts and circumstances of the case, I am inclined to release the applicants on anticipatory bail. In the result, the following order is passed.

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Dinesh S. Sherla

90-aba-94-26.doc

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicants in C.R. No. 235 of 2025 registered at Vitthalwadi Police Station for the offences punishable under Sections 189(1), 191(2), 191(3), 190, 118(2), 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS), Sections 4 and 25 of the Arms Act and Section 37(1) read with 135 of the Maharashtra Police Act, they be released on bail on executing P.R. Bond in the sum of Rs.25,000/- each with one surety or two sureties in the like amount.

C) The applicants shall attend the concerned police station as and when called by the Investigating Officer and shall cooperate in the further investigation, if any.

D) The applicants shall not commit any other crime.

[N.R.BORKAR, J.]

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Dinesh S. Sherla