Patna High Court
Sanju Mahto @ Sanjay MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner, Sanju Mahto.
Summary
Sanju Mahto was arrested in connection with a case registered on 28‑09‑2025 under multiple sections of the B.N.S, later amended to include Section 103(1). He contended that he was falsely implicated due to a family property dispute and that the injuries to the victims were superficial. The petitioner highlighted that a co‑accused, Rahul Mahto, had already been granted regular bail and that he had no prior criminal record, having been in custody since 03‑01‑2026. The State opposed the bail application. After hearing both sides, the Court, noting the lack of serious injury, the petitioner’s clean antecedent and the parity with the co‑accused, ordered that he be released on regular bail upon furnishing a bail‑bond of Rs 10,000 with two sureties of equal amount. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences charged under the B.N.S.
- Whether the petitioner’s alleged false implication and lack of prior criminal record justify bail.
Legislation cited
- B.N.S. — s. 103, 109, 115, 126, 3, 303, 351, 352, 76
Subjects
- regular bail
- false implication
- property dispute
- criminal antecedent
- B.N.S
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17657 of 2026
Arising Out of PS. Case No.-296 Year-2025 Thana- BUNIYAD GANJ District- Gaya
======================================================
Sanju Mahto @ Sanjay Mahto Son of Mohan Mahto R/o Village - Dudhaila,
P.S.- Buniyadganj, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushp Raj Singh, Advocate
For the Opposite Party/s : Mr. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Buniyadganj P.S. Case
No. 296 of 2025 dated 28.09.2025 registered for the offences
punishable under Sections 126(2), 115(2), 109, 76, 303(2),
351(2), 352 and 3(5) of B.N.S and later on Section 103(1) of
B.N.S. was added.
3. As per the prosecution case, eleven named accused
persons are alleged to have collectively assaulted the informant
and other family members.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.17657 of 2026(3) dt.06-05-2026
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petitioner has falsely been implicated in the present case with
allegations of general and omnibus nature. It has been submitted
that petitioner has been named only because he happens to be
one of the family members and on account of some dispute with
regard to property, the present false and concocted case has been
lodged. It has further been submitted that from perusal of the
injury reports, it would be evident that the two persons who
were found to be injured had sustained simple injuries which are
superficial in nature. Learned counsel for the petitioner has
submitted that similarly situated co-accused, Rahul Mahto has
been granted regular bail by the Co-ordinate Bench of this Court
vide order dated 11.02.2026 passed in Cr. Misc. No. 91228 of
2025. It has lastly been submitted that petitioner has got no
criminal antecedent and he is in custody since 03.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Heard the parties and perused the records.
7. Considering the facts and circumstances of the case
and also the parity, the petitioner above-named is directed to 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 Court concerned, Gaya in connection
Patna High Court CR. MISC. No.17657 of 2026(3) dt.06-05-2026
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with Buniyadganj P.S. Case No. 296 of 2025.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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