Patna High Court

Murari Mahto @ Murari KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioners subject to bail‑bond conditions.

Summary

The petitioners, five members of the Mahto family, applied for anticipatory bail after an FIR was lodged alleging they assaulted an informant and his family with weapons, invoking sections of the Bharatiya Nyaya Sanhita. The informant claimed serious injuries, while the petitioners contended the injuries were simple and they possessed a clean antecedent. The State’s public prosecutor and the informant opposed the bail. The Court considered the nature of the allegations, the extent of injuries, and the petitioners’ clean record. It granted anticipatory bail, directing that if arrested within eight weeks they may be released on bail bonds of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the allegations of assault under the Bharatiya Nyaya Sanhita
Whether the seriousness of alleged injuries and the petitioners' clean antecedent justify denial of bail
Application of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in granting anticipatory bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2)

Subjects

anticipatory bail
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
criminal assault
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1011 of 2026
                       Arising Out of PS. Case No.-376 Year-2025 Thana- ALOULI District- Khagaria
                 ======================================================
           1.     Murari Mahto @ Murari Kumar S/O Baijnath Mahto R/O Vill.- Moraghat,
                  Ward no. 7, P.S.- Alauli, Dist.- Khagaria.
           2.    Rohit Kumar S/O Baijnath Mahto R/O Vill.- Moraghat, Ward no. 7, P.S.-
                 Alauli, Dist.- Khagaria.
           3.    Baijnath Mahto S/O Late Bhaglu Mahto R/O Vill.- Moraghat, Ward no. 7,
                 P.S.- Alauli, Dist.- Khagaria.
           4.    Krishna Mahto @ Krishna Kumar S/O Baijnath Mahto R/O Vill.- Moraghat,
                 Ward no. 7, P.S.- Alauli, Dist.- Khagaria.
           5.    Gandhi Kumar @ Sandeep Kumar S/O Baijnath Mahto R/O Vill.- Moraghat,
                 Ward no. 7, P.S.- Alauli, Dist.- Khagaria.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Sumiran Rai, Advocate
                 For the Opposite Party/s :        Mr. Akbar Ali, Addl. Public Prosecutor
                 For the Informant        :        Mr. Ajay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                     Heard learned counsel for the petitioners, informant

                   and learned A.P.P. for the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118(1),

                   109, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., informant alleges that these

                   petitioners assaulted informant and his family members by

                   means of dabiya, lathi, sword and iron rod.

                                4. Learned counsel for the petitioners submits that
              Patna High Court CR. MISC. No.1011 of 2026(2) dt.21-01-2026
                                                          2/2




                        injuries caused by these petitioners are simple in nature.

                        Petitioners claim clean antecedent.

                                     5. Learned A.P.P. for the State as well as learned

                        counsel for the informant vehemently opposed the bail

                        application.

                                     6. Considering the nature of accusation, injuries and

                        clean antecedents, this anticipatory bail is allowed and it is

                        ordered that let the above named petitioners in the event of their

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bonds

                        of Rs. 10,000/- (ten thousand) each with two sureties of the like

                        amount each to the satisfaction of learned Chief Judicial

                        Magistrate, Khagaria in connection with Alauli P. S. Case No.

                        376 of 2025, subject to condition as laid down under Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

Continue reading with your account

Checking your session…