Patna High Court
PURAN MAHTOversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
Checking your session…