Patna High Court
Subodh Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Subodh Kumar Mahto, was implicated in a case (Begusarai Muffasil P.S. Case No.84 of 2024) for offences under Sections 323, 341, 307, 379, 504, 427 and 34 of the IPC, arising from a land‑related dispute where waste was thrown into the informant’s field and the informant’s mother was assaulted with a lathi. The petitioner claimed he was falsely implicated, citing a six‑day delay in lodging the complaint, the absence of an injury report, and a parallel case‑and‑counter‑case between the parties. The State opposed bail, arguing the seriousness of the offences. The Court, noting the existence of a dispute and the lack of corroborative injury evidence, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, including regular appearance before the trial court and non‑tampering with witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the gravity of the offences alleged under the IPC.
- Whether the delay in filing the complaint and the non‑production of an injury report create reasonable doubt about the prosecution’s case.
- Whether the existence of a case‑and‑counter‑case between the parties warrants the grant of bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are sufficient to safeguard the trial process.
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 379, 427, 504
Subjects
- bail
- false implication
- land dispute
- assault
- Indian Penal Code
- Section 482
- criminal procedure
- injury report
- case and counter‑case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10273 of 2026
Arising Out of PS. Case No.-84 Year-2024 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Subodh Kumar Mahto S/O Ramnandan Mahto Resident of Village - Fatehpur,
P.S- Muffasil District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Kumar Singh
For the Opposite Party/s : Mrs. Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in
connection with Begusarai Muffasil P.S. Case No.84 of 2024,
registered for the offence punishable under Sections 323, 341,
307, 379, 504, 427, 34 of the Indian Penal Code.
3. As per the FIR, the petitioner and other co-
accused persons were throwing waste from their field into the
field of the informant. When the mother of the informant
opposed the same, the petitioner assaulted her with a lathi, due
to which she sustained injuries. He also assaulted the informant.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. He further submits that there is a case and counter-case
between the parties. It is the case of the petitioner that after
registration of the FIR by the wife of the petitioner, the present
complaint case has been instituted against him. There is a delay
Patna High Court CR. MISC. No.10273 of 2026(2) dt.25-02-2026
2/3
of six days in lodging the complaint case, which creates serious
doubt over the genuineness of the prosecution story. Referring
to the impugned order, learned counsel submits that for securing
the case diary as well as the injury report, show cause was
issued by the Court of learned Additional Sessions Judge-XI,
Begusarai to test the veracity of the allegations made in the FIR
that injuries were caused on vital parts, but the same were not
produced. It is further submitted that due to the existing land
dispute between the parties, injuries have also been sustained by
the petitioner’s side. Even during the course of hearing before
the learned court below, the informant appeared but did not take
any steps to bring the injury report on record. Lastly, it is
submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account that for the same occurrence
there is a case and counter-case between the parties, let the
above named petitioner, be released on bail, in the event of his
arrest or surrender before the learned Court below within a
period of six weeks from today, 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 Chief Judicial
Patna High Court CR. MISC. No.10273 of 2026(2) dt.25-02-2026
3/3
Magistrate, Begusarai/Successor Court in connection with
Begusarai Muffasil P.S. Case No.84 of 2024, subject to the
conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
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