Patna High Court
Ramchandra Mahto @ Ramchandra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail must be granted, subject to conditions, as the allegations and injuries were not of a serious nature warranting denial.
Summary
The petitioners, Ramchandra Mahto, Jitendra Mahto and Amrita Kumari, were named in an FIR for alleged assault during a land dispute on 3 January 2025. They sought anticipatory bail, claiming innocence, a clean antecedent and that the alleged assault was a minor scuffle between agnates. The State opposed the bail, relying on multiple charges under the Bharatiya Nyaya Sanhita. The court examined the nature of the accusations and the simple injuries sustained, and concluded that the circumstances did not warrant denial of bail. Accordingly, the court granted anticipatory bail, directing the petitioners to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the charges listed in the FIR
- Whether the nature of the alleged assault and injuries justify denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 127(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- land dispute
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15124 of 2026
Arising Out of PS. Case No.-19 Year-2025 Thana- BATHNAHA District- Sitamarhi
======================================================
1. Ramchandra Mahto @ Ramchandra Singh S/o Late Raudi Mahto Resident
of Village- Bathnaha Lakshmipur, P.S.-Bathnaha, District- Sitamarhi.
2. Jitendra Mahto @ Jitendra Kumar S/o Ramchandra Mahto @ Ramchandra
Singh Resident of Village- Bathnaha Lakshmipur, P.S.-Bathnaha, District-
Sitamarhi.
3. Amrita Kumari D/o Ramchandra Mahto @ Ramchandra Singh Resident of
Village- Bathnaha Lakshmipur, P.S.-Bathnaha, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 127(2), 115(2),
303(2), 109(1), 117(2), 351(2), 351(3), 352 and 3(5) of the
Bharatiya Nyaya Sanhita.
3. It is alleged that on 03.01.2025 at about 12.00 PM,
all the F.I.R. named accused persons, including these petitioners,
were forcibly constructing house on the land of informant, upon
protest by the informant, all the accused persons assaulted
informant and his brother with lathi.
Patna High Court CR. MISC. No.15124 of 2026(2) dt.28-04-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Both
parties are agnates and on account of land dispute, scuffle took
place between them in which both sides sustained injuries. Case
and counter case. Allegation of assault is general and omnibus.
Injuries sustained by the injured are simple in nature. Petitioners
claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and injuries,
this anticipatory bail is allowed and it is ordered that let the
above named petitioners in the event of their arrest/surrender
before the court below within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
Sitamarhi in connection with Bathnaha P. S. Case No. 19 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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