Patna High Court

Suresh Mahto @ Suresh KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The Court granted regular bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Suresh Mahto, was arrested in connection with a dispute‑related assault in which he allegedly struck an informant with an iron rod, causing injuries. He was charged under multiple sections of the Bhartiya Nyaya Sanhita, 2023, and has been in custody since 27‑Nov‑2025 with a chargesheet already filed. The petitioner contended that he was falsely implicated, that the injury was simple as per the medical report, and that he has no prior criminal record. The State opposed bail, citing the seriousness of the offences and the injury report. After hearing both sides, the Court considered the FIR allegations, the medical findings, the duration of custody, and the filed chargesheet, and ordered that the petitioner be released on regular bail upon furnishing a Rs.10,000 bond with two sureties. The bail order was directed to be complied with by the Sub‑Divisional Judicial Magistrate, Rosera.

Issues considered

Whether regular bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023, given the nature of the offences and the evidence of injury.
Whether the petitioner’s custody since 27‑Nov‑2025 and the filing of a chargesheet preclude bail.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 329(4), 3(5), 351(2), 352, 74

Subjects

regular bail
assault
Bhartiya Nyaya Sanhita
injury report
chargesheet
sureties
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14192 of 2026
                   Arising Out of PS. Case No.-413 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Suresh Mahto @ Suresh Kumar S/O Late Devnarayan Mahto R/O Village-
                 Alampur Dih, P.S- Bibhutipur, District- Samastipur.


                                                                                ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar Kunwar, Advocate
                                                  Mr.Abhijeet Gautam, Advocate
                 For the Opposite Party/s :       Mr.Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   12-03-2026                    1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Bibhutipur P.S. Case

                   no.413 of 2025 registered under sections 329(4), 126(2),

                   115(2), 74, 109(1), 351(2), 352, 303(2) and 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, over a dispute

                   between the parties, five named accused persons including the

                   petitioner herein are said to have come and started to abuse the

                   informant and the members of his family. Thereafter, the

                   petitioner is said to have assaulted the informant with an iron

                   rod on his head leading to injuries.
Patna High Court CR. MISC. No.14192 of 2026(2) dt.12-03-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case because of

          prior dispute as would be evident from the FIR itself.

          Referring to the contents of the injury report of the informant

          which has been reproduced in the order of the learned trial

          Court rejecting the application for bail of the petitioner,

          learned counsel submits that even after the CT scan of the

          brain of the injured, the injury has been opined to be simple in

          nature. The petitioner is in custody since 27.11.2025,

          chargesheet has been submitted in the case and he has no

          criminal antecedent.

                       5. The application for bail is opposed by learned

          A.P.P for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations against the petitioner

          in the FIR, the contents of the injury report of the informant

          whom the petitioner is alleged to have assaulted, the petitioner

          having remained in custody since 27.11.2025 and chargesheet

          having been submitted in the case, the petitioner is directed to

          be enlarged on bail in connection with Bibhutipur P.S. Case

          no.413 of 2025 on furnishing bail bond of              Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount
             Patna High Court CR. MISC. No.14192 of 2026(2) dt.12-03-2026
                                                         3/3




                       each to the satisfaction of the learned Sub-Divisional Judicial

                       Magistrate, Rosera, District-Samastipur.



                                                   (Partha Sarthy, J)
Shiv/-

U        T

Continue reading with your account

Checking your session…