Patna High Court
Rajesh Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted bail to the petitioner subject to a bond, sureties and verification of criminal antecedent under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Rajesh Kumar Mahto, sought bail fearing arrest in a case (Benipatti P.S. Case No. 237 of 2024) alleging multiple offences under the B.N.S., including assault and outraging modesty. The prosecution alleged that on 15 Oct 2025 the petitioner and co‑accused assaulted the informant’s brother‑in‑law, causing simple injuries not on a vital part of the body. The petitioner argued that co‑accused had already been granted bail, he had no criminal antecedent, and the injuries were minor. The State opposed bail. The court, after reviewing the injury report and noting the minor nature of the injuries and lack of prior record, ordered bail on a bond of Rs 10,000 with two sureties, subject to verification of any concealed criminal antecedent under Section 482(2) of the B.N.S.S. and other standard conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the alleged offences.
- Whether the minor injuries and absence of prior criminal record justify bail.
- Whether the court may impose a condition to verify the petitioner’s criminal antecedent under Section 482(2).
Legislation cited
Subjects
- bail
- criminal antecedent
- simple injury
- assault
- outraging modesty
- Section 482(2)
- B.N.S. offences
- verification of antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13451 of 2026
Arising Out of PS. Case No.-237 Year-2024 Thana- BENIPATTI District- Madhubani
======================================================
Rajesh Kumar Mahto S/o Devendra Mahto R/o Village- Teoth tol Khauna,
PS- Benipati, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 01-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Benipatti P.S. Case No. 237 of 2024, for
allegedly having committed offence under Sections 126(2),
115(2), 117(2), 109, 329(4), 76, 303(2) , 352, 351(2), 351(3) and
3(5) of the BNS.
3. As per the prosecution case, it was alleged that
on 15.10.2025 at about 08:00 A.M., all the accused persons
including the petitioner dragged the informant and tried to
outrage her modesty. The allegation against the petitioner is of
assaulting the brother-in-law of the informant, namely, Ram
Bharosh Mahto.
4. The learned counsel for the petitioner submits
that there is case and counter case between the parties. One of
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the co-accused, namely, Shiv Kumar @ Shiv Kumar Mahto also
lodged Benipatti P.S. Case No. 241 of 2024 on the same date i.e.
15.10.2024 for the alleged offences under different sections of
the B.N.S.. The learned counsel for the petitioner further
submits that other co-accused persons have already been granted
bail by the learned A.C.J.M. 1st, Madhubani and the injuries
sustained by Ram Bharosh Mahto are simple in nature and are
not on the vital part of the body. The petitioner has got no
criminal antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. It appears that vide order dated 26.02.2026, while
calling for the case diary as well as the injury report, a Co-
ordinate Bench of this Court had directed for not taking any
coercive step against the petitioner.
7. Having heard the learned counsel for the parties
and after going through the injury report, it appears that the
injuries sustained by Ram Bharosh Mahto are simple in nature
and are not on the vital part of the body. Considering the facts
and circumstances of the case, let the petitioner, above named,
in the event of arrest or surrender within a period of six weeks,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M., Benipatti, Madhubani in
connection with Benipatti P.S. Case No. 237 of 2024, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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