Patna High Court
Munni MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Munni Mahato, applied for anticipatory bail in a case arising from a land dispute where he allegedly assaulted his informant with a gandasa, causing simple injuries. The FIR listed offences under Sections 126(2), 115(2), 118(1), 109(1) and 3(5) of the BNSS, 2023. The petitioner argued that he is the informant's nephew and that a counter‑case had been filed, indicating a mutual land dispute. Considering the co‑sharers' relationship, the existence of a counter‑case, and the minor nature of the injuries, the court was inclined to grant bail. The court allowed the anticipatory bail application, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC and Section 482 BNSS, 2023 given the nature of the alleged offences and the surrounding land dispute
Legislation cited
- BNSS, 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- assault
- Section 438 CrPC
- Section 482 BNSS
- Criminal Procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14555 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Munni Mahato S/o Heera Mahto Resident of Vill- Barwat Sena, P.S.- Bettiah
Muffasil, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap
For the Opposite Party/s : Mr. Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Bettiah Muffasil Police Station Case No. 65 of
2025, disclosing offences under Sections 126(2), 115(2), 118(1),
109(1), 3(5) of the BNS, 2023.
3. As per the FIR, on 04.02.2025 in the morning,
informant's neighbors were measuring the land and when
objected, the petitioner assaulted the informant with gandasa on
his head.
4. Learned counsel for the petitioner submits that
the petitioner is the nephew of the informant and a land dispute
is going on between the parties. On the date of occurrence, the
measurement was done of the land for the purpose of carving
out the share of the petitioner's side. A counter case has been
lodged by the petitioner's side bearing Bettiah Muffasil PS case
Patna High Court CR. MISC. No.14555 of 2026(2) dt.25-03-2026
2/2
No. 66 of 2025 against the informant and others. The injuries
sustained by the informant are simple in nature.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
both the parties are co-sharers having land dispute, case and
counter case is there and injuries sustained by the informant are
simple in nature, I am inclined to grant the petitioner privilege
of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Bettiah, West Champaran, in connection with Bettiah Muffasil
Police Station Case No. 65 of 2025, subject to the condition laid
down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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