Patna High Court
Dinesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyay Sanhita, 2023 — s. 109, 118(1), 126(2), 15(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 76
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
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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
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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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