Patna High Court
Birendra MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed anticipatory bail to the petitioners, subject to conditions, under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioners, a group of family members from Khas Patti village, sought anticipatory bail fearing arrest in connection with a police case (Amnaur P.S. Case No. 4 of 2026) that alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and threats. The prosecution alleged that the petitioners intercepted an informant, threatened her, and assaulted the informant’s daughter, causing a head injury, with Nathuni Mahto specifically accused of using an iron rod. The petitioners contended that the allegations were false, the injury was minor, and the case was a retaliatory move against an earlier complaint, noting that the parties had reached a compromise. The State opposed the bail, emphasizing the seriousness of the assault. The High Court, after considering the submissions, granted anticipatory bail to the petitioners subject to stringent conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nyaya Sanhita, directing bail bonds and sureties, and clarified that the order’s observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the seriousness of the alleged assault and threat justifies denial of bail.
- Whether the petitioners' claim of false implication and existence of a compromise affect the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2), 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- assault
- false implication
- compromise
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33568 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- AMNAUR District- Saran
======================================================
1. Birendra Mahato S/o Asharfi Mahato Resident of Village- Khas Patti, P.S.-
Amnaur, District-Saran
2. Mishri Mahto S/o Chandrika Mahto Resident of Village- Khas Patti, P.S.-
Amnaur, District-Saran
3. Pradeep Mahto @ Pradeep Kumar S/o Nathuni Mahto Resident of Village-
Khas Patti, P.S.- Amnaur, District-Saran
4. Muniya Devi @ Munniya Devi W/o Nathuni Mahto Resident of Village-
Khas Patti, P.S.- Amnaur, District-Saran
5. Nathuni Mahto S/o Chandrika Mahto Resident of Village- Khas Patti, P.S.-
Amnaur, District-Saran
6. Sunita Kumari D/o Nathuni Mahto Resident of Village- Khas Patti, P.S.-
Amnaur, District-Saran
7. Tejan Mahto S/o Chandrika Mahto Resident of Village- Khas Patti, P.S.-
Amnaur, District-Saran
8. Mantu Mahto @ Mantu Kumar S/o Asharfi Mahto Resident of Village- Khas
Patti, P.S.- Amnaur, District-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 19-05-2026 Heard the learned counsel for the parties through
virtual mode.
2. Petitioners apprehend their arrest in connection
with Amnaur P.S. Case No. 4 of 2026 registered for the offences
under Sections 126(2), 115(2), 109(1), 118(1), 352, 351(2), 74,
3(5) of the Bharatiya Nyaya Sanhita, 2023.
Patna High Court CR. MISC. No.33568 of 2026(2) dt.19-05-2026
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3. The prosecution case is to the effect that the
petitioner, namely, Nathuni Mahto and Pradeep Mahto @
Pradeep Kumar, are said to have intercepted the informant and
threatened her to compromise the case bearing Amnaur P.S.
Case No. 172 of 2025. It is further alleged that all the accused
persons, including the petitioners, started assaulting with lathi
and even abused and resulting in a head injury to the daughter of
the informant, namely, Neha Kumari, who was assaulted
specifically by petitioner no.5 Nathuni Mahto, who was carrying
an iron rod.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in this case with general
and omnibus allegations. It has further been submitted that even
if the specific allegation of assault on Nathuni Mahto is taken
into account, from the perusal of Annexure-P/2, it would be
evident that the injury was found to be simple in nature and in
an exaggerated manner, the entire incident has been lodged
against all the family members of the petitioners. It has next
been submitted that in fact the present case is a counterblast to
the case lodged on behalf of the petitioners, which was
registered earlier than the present case and subsequently, the
parties entered into a compromise and they have no grievances
Patna High Court CR. MISC. No.33568 of 2026(2) dt.19-05-2026
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against each other.
5. Learned APP for the State has opposed the prayer
for anticipatory bail and has stated that the petitioner no.5 had
assaulted the daughter of the informant on the head, which is a
vital part of the body.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Amnaur P.S. Case No. 4 of 2026, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates, or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the Court concerned.
Patna High Court CR. MISC. No.33568 of 2026(2) dt.19-05-2026
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(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed
their criminal antecedent, the court below shall take
step for cancellation of bail bond of the petitioners.
However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose
of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/ayushkr-
U T
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