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Patna High Court

Dinesh MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted under Section 482 of the BNSS, 2023, subject to a bail bond and conditions.

Summary

The petitioner, Dinesh Mahto, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case (Kesariya P.S. Case No. 464 of 2025) alleging assault on an informant. The FIR, lodged on 07-10-2025, accused the petitioner of assaulting the informant over a dispute concerning rainwater drainage, listing several offences under the Bhartiya Nyay Sanhita, 2023. The petitioner’s counsel argued innocence, citing a mutual scuffle and minor injuries, and highlighted inconsistencies in dates and the existence of counter‑claims. The State opposed bail, but the court, after considering the facts, granted anticipatory bail subject to a Rs.30,000 bail bond and conditions under Section 482(2) of the BNSS, 2023. The order directs release if the petitioner is arrested or surrenders within four weeks.

Issues considered

  • What is the applicability of Section 482 of the BNSS, 2023 for granting anticipatory bail in the present case?
  • Do the facts and circumstances justify the grant of anticipatory bail despite the serious charges listed under the Bhartiya Nyay Sanhita, 2023?
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses?

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • Bhartiya Nyay Sanhita
  • criminal miscellaneous application
  • FIR
  • assault
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14956 of 2026
                   Arising Out of PS. Case No.-464 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Dinesh Mahto S/o Late Shree Mahto R/o Village - Dilawarpur, Ward No. 9,
                 P.S - Kesariya, District - East Champaran, Motihari

                                                                                   ... ... 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. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER


2   25-03-2026                      Heard learned Counsel for the petitioner and

                   learned APP for the State.

                                2. The present criminal miscellaneous application

                   has been filed under Section 482 of the Bharatiya Nagarik

                   Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS,

                   2023’) for grant of anticipatory bail to the petitioner who

                   apprehends arrest in connection with Kesariya P.S. Case No.

                   464 of 2025, lodged on 07.10.2025,                           under Sections

                   126(2)/15(2)/118(1)/ 109 /76 /303(2)/352/351(2)/3(5) of the

                   Bhartiya Nyay Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged

                   against four named accused persons including the present
Patna High Court CR. MISC. No.14956 of 2026(2) dt.25-03-2026
                                            2/3




          petitioner with allegation that petitioner has assaulted the

          informant with farsa. In the FIR it has been alleged that

          dispute occurred between the informant and the petitioner’s

          side to block the rain water which was flowing in drain.

                       4. Learned Counsel for the petitioner submits that

          the petitioner is innocent and has committed no offence.

          Learned Counsel for the petitioner submits that for the said

          date and place of occurrence, there are case and counter case

          from both sides and both adjacent neighbours. From the FIR,

          it transpires that date of occurrence is 04.10.2025; whereas

          FIR has been lodged on 07.10.2025. Counsel submits that

          injury has been caused from both sides and injury caused is

          simple in nature. He submits that at the spur of moment

          scuffling took place from both sides on petty issue.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          learned Court below within a period of four weeks from

          today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty

          Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023
          Patna High Court CR. MISC. No.14956 of 2026(2) dt.25-03-2026
                                                      3/3




                    to the satisfaction of Chief Judicial Magistrate, East

                    Champaran, Motihari, in connection with Kesariya P.S. Case

                    No. 464 of 2025, subject to the conditions as laid down U/s

                    482(2) of the BNSS, 2023.



                                                                         (Dr. Anshuman, J)
    Mkr./-

U     T


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