Patna High Court

Yogendra MahtoversusThe State of Bihar

Decided: 24 February 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is denied to petitioner No. 1 but granted to petitioners No. 2‑6 subject to bond and surety conditions under Section 482 of the B.N.S.S., 2023.

Summary

The petitioners, six residents of Champanagar, Purnia, sought anticipatory bail after being named in an FIR for alleged assault on the informant’s husband on 22‑12‑2024. The FIR charges them under several sections of the B.N.S. Act, 2023, including offences of assault and grievous injury. The petitioners argued that the incident was a simple dispute between agnates and that no specific overt act was attributable to most of them. The State opposed bail, emphasizing the serious injury inflicted on the informant’s husband by petitioner No. 1, Yogendra Mahto. The Court denied anticipatory bail to petitioner No. 1 on account of the grievous injury but granted bail to petitioners No. 2‑6 upon furnishing a Rs 10,000 bond with two sureties each, subject to Section 482 of the B.N.S.S., 2023. The application was thereafter disposed of.

Issues considered

Whether anticipatory bail should be granted to petitioner No. 1 who allegedly caused grievous injury.
Whether bail can be granted to the remaining petitioners in the absence of specific allegations of overt acts.
Whether Section 482 of the B.N.S.S., 2023 permits the grant of bail in the present circumstances.

Legislation cited

B.N.S. Act, 2023 — s. 115(2), 118(2), 126(2), 3(5), 351(2), 352, 76
B.N.S.S., 2023 — s. 482

Subjects

anticipatory bail
bail
grievous injury
criminal procedure
Section 482
B.N.S. Act
assault
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12160 of 2026
                      Arising Out of PS. Case No.-125 Year-2024 Thana- Champanagar District- Purnia
                 ======================================================
           1.     Yogendra Mahto S/O Late Shivnarayan Mahto R/O Vill and P.s.-
                  Champanagar, Dist.- Purnia.
           2.    Pramod Mahto S/O Ramji Mahto R/O Vill and P.s.- Champanagar, Dist.-
                 Purnia.
           3.    Bhagwan Mahto @ Bhagvan Mahto S/O Late Kalar Mahto R/O Vill and
                 P.s.- Champanagar, Dist.- Purnia.
           4.    Anant Mahto S/O Natho Mahto @ Jagarnath Mahto R/O Vill and P.s.-
                 Champanagar, Dist.- Purnia.
           5.    Usha Devi W/O Yogendra Mahto R/O Vill and P.s.- Champanagar, Dist.-
                 Purnia.
           6.    Nirmala Devi W/O Bhawesh Mahto R/O Vill and P.s.- Champanagar, Dist.-
                 Purnia.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shambhoo Kumar Suman
                 For the Opposite Party/s :        Mr.Tarun Prasad Mandal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 118(2),

                   76, 352, 351(2), 3(5) of the B.N.S. Act, 2023.

                                3. It is alleged that on 22.12.2024 at 10 PM, all the

                   F.I.R. named accused persons including these petitioners

                   abused son & husband of informant and thereafter, assaulted
Patna High Court CR. MISC. No.12160 of 2026(2) dt.24-02-2026
                                            2/3




          them with fists, sticks, sword and iron rod, due to which, they

          sustained severe injuries including injury on the nose of the

          informant's husband caused by sword by petitioner no. 1.

                       4. Learned counsel for the petitioners submits that

          both parties are agnates. On the alleged date of occurrence, due

          to dispute over pathway, simple maarpeet took place, in which,

          both sides sustained injuries. Case and counter case.

                       5. Learned A.P.P. for the State has opposed the bail

          petition.

                       6. Considering the fact that informant’s husband

          sustained grievous injury, caused by petitioner no. 1 (Yogendra

          Mahto), his prayer for anticipatory bail is rejected.

                       7. So far as other petitioners are concerned, there is

          general & omnibus allegation and no specific overt act has been

          assigned against them, in the event of their arrest/surrender

          within a period of eight weeks from today, let the petitioner nos.

          2 to 6, as named above, 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, Purnea in connection with Champanagar P.S. Case

          No. 125 of 2024, subject to condition as laid down under

          Section 482 of the B.N.S.S., 2023.
           Patna High Court CR. MISC. No.12160 of 2026(2) dt.24-02-2026
                                                       3/3




                                  8. This application is, accordingly, disposed of.



                                                      (Prabhat Kumar Singh, J)
anay

U      T

Continue reading with your account

Checking your session…