Patna High Court

Anil Kumar Mahato @ Pinku MahtoversusThe State of Bihar

Decided: 25 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

Bail was granted to the petitioners subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Anil Kumar Mahato and Raja Ram Mahto, sought bail in a criminal case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting the informant's wife with a stick, causing injury. They contended that they were falsely implicated due to a land dispute, that the FIR was lodged five days after the incident without justification, and that they have no prior criminal record. The State opposed the bail application. The court considered the nature of the allegations, the delay in filing the FIR, the petitioners' clean antecedent, and their willingness to cooperate with the investigation. Finding the injury to be simple and noting the petitioners' lack of criminal history, the court granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail order was conditioned on surrender or arrest within six weeks.

Issues considered

Whether bail should be granted to the accused under the listed sections of the Bharatiya Nyaya Sanhita considering the nature of the alleged assault and the delay in filing the FIR
Whether the petitioners' clean antecedent and claim of false implication warrant bail
Applicability of conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 113(1), 115(2), 126(2), 3(5), 351(2), 352, 74

Subjects

bail
criminal procedure
assault
FIR delay
land dispute
clean antecedent
Section 482
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17744 of 2026
                   Arising Out of PS. Case No.-209 Year-2025 Thana- LALIT NARAYAN UNIVERSITY
                                                   District- Darbhanga
                 ======================================================
           1.     Anil Kumar Mahato @ Pinku Mahto S/o- Nand Kishor Mahto Vill
                  -Chunabhathi, Durgamandir P.s-University L.N.M.U Dist -Darbhanga
           2.    Raja Ram Mahto S/o- Nand Kishor Mahto Vill -Chunabhathi, Durgamandir
                 P.s-University L.N.M.U Dist -Darbhanga

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Girish Chandra Jha, Advocate
                 For the Opposite Party/s :    Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   25-03-2026                        Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 126(2), 115(2), 113(1), 109, 74, 352,

                   351(2) and 3(5) of Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, all the accused persons

                   including the petitioners assaulted the informant. It is alleged

                   that the petitioners assaulted the wife of the informant with

                   katta due to which she sustained injury.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in the

                   present case due to land dispute. Further submission is that the
            Patna High Court CR. MISC. No.17744 of 2026(2) dt.25-03-2026
                                                        2/2




                      F.I.R. has been lodged after a delay of 5 days without any

                      plausible reason. Petitioners and informant are agnates. The

                      nature of the injury to the injured is simple. Petitioners have no

                      criminal antecedent. They undertake to cooperate in the

                      investigation and trial.

                                      5. Learned A.P.P. appearing on behalf of the State

                      opposed the bail application.

                                      6. Having considered the facts and circumstances

                      of the case, nature of allegation and clean antecedent of the

                      petitioners, let the above named petitioners be released on bail,

                      in the event of arrest or surrender before the learned court below

                      within a period of six weeks from today, on furnishing bail

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

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Darbhanga in connection with

                      University 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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