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Patna High Court

Nandlal MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing his release upon furnishing the prescribed bail bond and sureties.

Summary

The petitioner, Nandlal Mahto, was arrested in connection with a case registered under multiple sections of the Bihar Narcotic Substances Act, 2023, alleging assault and other offences. He sought regular bail, claiming a clean antecedent and that he had been falsely implicated by the informant, whose allegations primarily targeted another accused, Vikash. The petitioner argued that the FIR did not specify how he and another accused assaulted the victim, and that the alleged injuries were not sufficient to constitute a grave offence. The State opposed the bail application, contending the seriousness of the charges. After considering the submissions, the court held that the petitioner was entitled to bail and ordered his release upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, pending trial in the lower court.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under Sections 126(2), 115(2), 303(2), 74, 75, 125, 109 and 3(5) of the Bihar Narcotic Substances Act, 2023.
  • Whether the allegations in the FIR sufficiently justify denial of bail or indicate false implication of the petitioner.
  • Whether the nature of the alleged injuries and the lack of specific details in the FIR affect the bail decision.

Legislation cited

Subjects

  • bail
  • false implication
  • Bihar Narcotic Substances Act
  • criminal procedure
  • FIR
  • injury
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11768 of 2026
                   Arising Out of PS. Case No.-97 Year-2025 Thana- MANSURCHAK District- Begusarai
                 ======================================================
                 Nandlal Mahto Son of Late Muneshwar Mahto Resident of Village-
                 Sohilwara, P.S.- Mansurchak, District- Begusarai
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sabal Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 126(2), 115(2), 303(2), 74,

                   75, 125, 109 and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 03.12.2025 and the informant alleges that on 07.09.2025,

                   at 04:30 p.m., Vikash caught her when she had gone to attend

                   the call of nature and on alarm Krishna and Sushila came to

                   save her when the accused persons including the petitioner came

                   and Basanti assaulted the informant by musal causing injury on

                   head while petitioner and Bibha assaulted Sushila causing injury

                   on right hand and Vikash assaulted Krishna by brick causing

                   injury below the left eye and snatched the gold chain of the
Patna High Court CR. MISC. No.11768 of 2026(2) dt.05-05-2026
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          informant.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the

          informant alleges that since Vikash acted inappropriately with

          her on which she raised an alarm when family members of the

          informant came to save her thereafter the family members of

          Vikash also came and committed the occurrence. It is, thus,

          submitted that the thrust of the allegation is against Vikash. It is

          next submitted that petitioner along with Bibha is alleged to

          have assaulted Sushila causing injury on right hand but then the

          FIR does not dislcose that by what the petitioner and Bibha

          assaulted Sushila. It is also submitted that injury of Sushila has

          been opined to be grievous but then petitioner is not a criminal.

                       5. Learned Additional Public Prosecutor for the State

          and learned counsel appearing on behalf of the informant

          opposed the prayer for regular bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, the petitioner,

          above-named, is directed to be released on bail on furnishing

          bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
           Patna High Court CR. MISC. No.11768 of 2026(2) dt.05-05-2026
                                                       3/3




                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with

                     Mansurchak P.S. Case No. 97 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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