Patna High Court
Shaket Mahto @ Saket Mahto @ Saket KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted to Shaket Mahto subject to conditions, and Munna Mahto's bail application was dismissed as withdrawn.
Summary
Shaket Mahto and his brother Munna Mahto were implicated in a criminal case arising from a land dispute that allegedly led to an assault on an informant and her daughter. The petitioners filed bail applications; Munna Mahto's bail application was withdrawn after he was arrested, while Shaket Mahto sought bail pending possible arrest. The prosecution alleged that Munna Mahto had outraged the informant's modesty and inflicted a knife wound, and that the accused had also stolen a gold chain. The defense argued that Shaket Mahto was innocent, had no prior criminal record, and that the injuries were minor, seeking bail under the Bharatiya Nagarik Suraksha Sanhita. The court considered the nature of the charges under the Bharatiya Nyaya Sanhita, the petitioner's clean antecedents, and his willingness to cooperate with the investigation. Accordingly, the court granted bail to Shaket Mahto subject to a bond and conditions, and dismissed Munna Mahto's bail application as withdrawn.
Issues considered
- Whether bail should be granted to Shaket Mahto despite charges under Sections 126(2), 115(2), 109, 303(2), 74, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita
- Whether the bail application of Munna Mahto can be withdrawn due to his arrest
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- assault
- outraging modesty
- land dispute
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17119 of 2026
Arising Out of PS. Case No.-209 Year-2025 Thana- BARAULI District- Gopalganj
======================================================
1. Shaket Mahto @ Saket Mahto @ Saket Kumar S/o- Late Motilal Mahto
Village- Bhadkuiyan PS- Barauli District- Gopalganj
2. Munna Mahto S/o- Late Motilal Mahto Village- Bhadkuiyan PS- Barauli
District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 07-05-2026 Learned counsel for the petitioners seeks
permission to withdraw the bail application with respect to
petitioner no. 2, namely, Munna Mahto, since during the
pendency of the present case, he has been arrested.
2. Permission is accorded.
3. Accordingly, the bail application with respect to
petitioner no. 2 is dismissed as withdrawn.
4. Heard learned counsel for the petitioner no.1 and
learned A.P.P. for the State.
5. The petitioner no.1 apprehends arrest in a case
registered under Sections 126(2), 115(2), 109, 303(2), 74, 352,
351(2) and 3(5) of Bharatiya Nyaya Sanhita.
Patna High Court CR. MISC. No.17119 of 2026(3) dt.07-05-2026
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6. As per prosecution case, all the accused persons
including the petitioners assaulted the informant and her
daughter. It is alleged that co-accused Munna Mahto (petitioner
no. 2) outraged the modesty of the informant and also assaulted
her with knife blow which hit on her head. Co-accused Manti
Devi snatched gold chain from neck of the informant.
7. Learned counsel appearing on behalf of the
petitioner no.1 submits that petitioner is innocent and has falsely
been implicated in the present case. Further submission is that
both the parties are close relatives and due to land dispute, a
free fight took place between them in which both sides sustained
injuries. There is case and counter case between the parties for
the same occurrence. He next submits that the injuries to the
injured are simple in nature. Petitioner has got no criminal
antecedent and he undertakes to cooperate in the investigation
and trial.
8. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
9. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation and fair antecedent of the petitioner no. 1, let
petitioner no. 1, namely, Shaket Mahto @ Saket Mahto @
Patna High Court CR. MISC. No.17119 of 2026(3) dt.07-05-2026
3/3
Saket Kumar be released on bail, in the event of arrest or
surrender before the learned court concerned within a period of
six weeks from today, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate-I,
Gopalganj in connection with Barauli P.S. Case No. 209 of
2025, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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