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Patna High Court

PURAN MAHTOversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

Puran Mahto was charged under several sections of the Indian Penal Code for allegedly delivering a khukuri blow to Gunja Kumari, resulting in a simple injury. He had been in judicial custody since 11 September 2025 and possessed no prior criminal record. The prosecution emphasized the seriousness of the assault, while the defence pointed to the minor nature of the wound and the petitioner’s clean antecedents. The court examined the injury report, which described the injury as simple, and applied the bail criteria under the IPC. Consequently, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged under multiple IPC offences including assault and grievous hurt
  • Whether the nature of the injury and the petitioner’s clean criminal record justify granting bail

Legislation cited

  • Indian Penal Code — s. 103, 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 329(3), 3(5), 351(2), 352

Subjects

  • bail
  • Indian Penal Code
  • assault
  • injury report
  • judicial custody
  • no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17026 of 2026
                 Arising Out of PS. Case No.-254 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Puran Mahto S/o Bahadur Mahto Resident of Village- Raghunathpur, Tola-
                 Bhalua Ward No 27, PS- Raghunathpur, Dist- East Champaran
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Vikram, Advocate
                 For the Opposite Party/s :       Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   21-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Raghunathpur P.S. Case No.254 of 2025 registered for the

                   offence punishable under Sections 191(2), 191(3), 190, 126(2),

                   115(2), 118(1), 109, 103, 352, 329(3), 351(2) and 3(5) of the

                   BNS.

                                3. The case of the prosecution, in short, is that the

                   petitioner has given a khukuri blow on the back of Gunja

                   Kumari.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that allegation against the petitioner is

                   that he has given a khukuri blow and from perusal of the injury

                   report of Gunja Kumari it will transpire that a sharp curt of size

                   5” long on back of chest (near left shoulder) and from perusal of
            Patna High Court CR. MISC. No.17026 of 2026(3) dt.21-04-2026
                                                        2/2




                      the final injury report it transpire that the Doctor has opined that

                      the injury is simple in nature. Learned counsel for the petitioner

                      has submitted that the petitioner is having no criminal

                      antecedent and he is in judicial custody since 11.09.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

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

                      Chief Judicial Magistrate, East Champaran at Motihari in

                      connection with Raghunathpur P.S. Case No.254 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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