Patna High Court
Nandlal MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 125, 126(2), 303(2), 3(5), 74, 75
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
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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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