Patna High Court
Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is denied where the accused is specifically alleged to have caused grievous injury, but may be granted where allegations are vague and the accused have clean antecedents.
Summary
The petitioners sought anticipatory bail in a case involving offences under Sections 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code. The prosecution alleged that all accused, including the petitioners, assaulted the informant's son, causing multiple injuries, one of which was grievous. Counsel for the petitioners argued that the specific charge of assault applied only to co‑accused Sanju Mahto, Dhruv Mahto, Rikesh Mahto and petitioner No.2, while the remaining petitioners faced only vague, omnibus allegations and had clean antecedents. The court held that anticipatory bail could not be granted to petitioner No.2 because he was specifically alleged to have caused a grievous injury, but it could be granted to petitioners Nos.1, 3, 4 and 5 on the basis of lack of specific allegations and their clean records, subject to a bail bond of Rs.10,000 with two sureties each. The order directed the Chief Judicial Magistrate, East Champaran, to enlarge bail within eight weeks under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be denied to petitioner No.2 who is alleged to have caused grievous injury.
- Whether anticipatory bail should be granted to petitioners Nos.1, 3, 4 and 5 despite general allegations.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 307, 323, 324, 325, 341, 379, 504, 506
Subjects
- anticipatory bail
- grievous injury
- clean antecedent
- Indian Penal Code
- Section 482
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.145 of 2026
Arising Out of PS. Case No.-247 Year-2023 Thana- PAHARPUR District- East Champaran
======================================================
1. Himanshu Kumar S/o Ramayan Mahto R/o Village - Bhaja Chhapar, P.S -
Paharpur, District - East Champaran
2. Jitan Mahto @ Jitendra Mahto S/o Ramayan Mahto R/o Village - Bhaja
Chhapar, P.S - Paharpur, District - East Champaran
3. Satyendra Mahto @ Satendra Mahto S/o Lal Babu Mahto R/o Village -
Bhaja Chhapar, P.S - Paharpur, District - East Champaran
4. Mantu Mahto S/o Dhruv Mahto R/o Village - Bhaja Chhapar, P.S - Paharpur,
District - East Champaran
5. Karan Kumar S/o Late Manoj Mahto R/o Village - Bhaja Chhapar, P.S -
Paharpur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Ms. Rina Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 341, 323, 324, 325, 307,
379, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, all the F.I.R. named
accused persons, including these petitioners assaulted son of the
informant as a result of which he sustained multiple injuries and
one of the injuries is grievous in nature.
Patna High Court CR. MISC. No.145 of 2026(2) dt.20-01-2026
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4. Learned counsel appearing for the petitioners
submits that specific accusation of assault is against co-accused
Sanju Mahto, Dhruv Mahto and Rikesh Mahto and petitioner
no. 2. So far rest of the petitioners are concerned, allegation
against them is general and omnibus and there is no specific
allegation of any overt act against them. Petitioners claim clean
antecedent.
5. Learned counsel for the State opposed the bail
application and submits that petitioner No. 2 assaulted son of
the informant as a result of which he sustained grievous injury.
6. In view of the fact that petitioner No. 2 caused
grievous injury, prayer for anticipatory bail of petitioner No.
2 is refused.
7. However, considering the nature of accusation and
clean antecedents against petitioner Nos. 1, 3, 4 & 5, the
anticipatory bail with regard to petitioner Nos. 1, 3, 4 & 5 is
allowed and it is ordered that the above named petitioner Nos.
1, 3, 4 & 5 in the event of their arrest/surrender before the court
below within a period of eight weeks from today, be enlarged on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
Chief Judicial Magistrate, East Champaran, Motihari in
Patna High Court CR. MISC. No.145 of 2026(2) dt.20-01-2026
3/3
connection with Paharpur P. S. Case No. 247 of 2023, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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