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Patna High Court

Munni MahatoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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