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Patna High Court

Virendra Mahto @ Virendra Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

Virendra Mahto applied for anticipatory bail after learning that he might be arrested in a case registered under Sections 126(2), 115(2), 74, 103(1) and 3(5) of the B.N.S. He contended that he has a clean record and that the informant’s allegations are false, noting that the FIR improperly includes Section 103 (causing death) despite no death having occurred. The petitioner also highlighted a prior case (Suryagarha P.S. Case No. 01 of 2026) in which the informant was alleged to have assaulted his son, suggesting a motive to malign him. The State opposed the anticipatory bail application. The Court, after considering the submissions, held that anticipatory bail could be granted subject to the petitioner furnishing bail bonds and sureties, and complying with conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S. The order directs that the bail be released if the petitioner is arrested or surrenders within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC/Section 482 B.N.S.S. in view of the allegations.
  • Whether the inclusion of Section 103 in the FIR is valid when no death has occurred.
  • Whether the petitioner has been falsely implicated in the offence.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • FIR
  • Section 103
  • Criminal Procedure Code
  • B.N.S.S.
  • bail conditions
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15029 of 2026
                    Arising Out of PS. Case No.-2 Year-2026 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
                 Virendra Mahto @ Virendra Kumar Rai S/o Late Bhuwneshwar Mahto R/o
                 Village - Babadham Jagdishpur, P.S - Suryagarha, District - Lakhisarai
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 74, 103(1) and 3(5) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that accused persons came to his house on 31.12.2025, at

                   03:00 p.m., and petitioner was talking to his brother, namely,

                   Kartik on mobile who gave orders to throw the informant and

                   others from the house. Further, the petitioner assaulted the

                   informant by an iron rod causing injury on his head while

                   Gulshan snatched dupatta of his nice and Gaurav assaulted her

                   causing injury on head, thereafter, Anil, Vijay and Surendra

                   assaulted the wife of the informant by lathi causing injury on
Patna High Court CR. MISC. No.15029 of 2026(2) dt.24-03-2026
                                            2/3




          hand and leg.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the FIR

          was instituted under Section 103 of the BNS when no one was

          killed in the occurrence. It is, thus, submitted that Section 103 of

          the BNS was deliberately added. It is next submitted that from

          the side of the petitioner, Suryagarha P.S. Case No. 01 of 2026

          came to be instituted against the informant and others. It is also

          submitted that in Suryagarha P.S. Case No. 01 of 2026, it is

          alleged that son of the petitioner was assaulted by the side of the

          informant causing injury on his head. It is further submitted that

          the injury suffered by the informant and his side in the instant

          case has been opined to be simple in nature as would manifest

          from the injury report of Nagendra Mahto annexed as

          Annexure-P/5 to the anticipatory bail application.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner, above-named, in the

          event of his arrest or surrender within a period of six weeks
           Patna High Court CR. MISC. No.15029 of 2026(2) dt.24-03-2026
                                                       3/3




                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned Trial

                     Court where the case is pending/Successor Court in connection

                     with Suryagarha P.S. Case No. 02 of 2026, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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