Patna High Court

Meghnath MahatoversusThe State of Bihar

Decided: 31 March 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The Court held that bail should be granted as the injuries were simple and there was no prima facie intention to cause death.

Summary

Meghnath Mahato was named in an FIR for assaulting an informant with a "farsa" during a land dispute, allegedly causing head and bodily injuries. The petitioner argued that the incident was a mutual free fight, the injuries were simple, the FIR was filed three days after the incident without justification, and he has a clean antecedent. The State opposed bail, citing the offences under Sections 126(2), 115(2), 118(1), 109(1), 352, 351(2) and 3(5) of the BNS. The Court examined the nature of the injuries and the lack of intent to cause death, finding the allegations insufficient to deny bail. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to bail despite the serious charges under the BNS.
Whether the nature of the injuries and the delay in filing the FIR negate an intention to cause death.

Legislation cited

BNS — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352
BNSS — s. 482(2)
Cr.P.C. — s. 438(2)

Subjects

bail
assault
land dispute
FIR delay
simple injury
Criminal Procedure Code
Section 438
Section 482
criminal law
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19134 of 2026
                    Arising Out of PS. Case No.-2 Year-2026 Thana- MANPUR District- West Champaran
                 ======================================================
                 Meghnath Mahato S/o Upendra Mahato R/o Bhatuhawan, P.S.- Manpur,
                 District- West Champaran
                                                                    ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Adv
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   31-03-2026                    Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Manpur P.S.

                   Case No. 02 of 2026 registered for the offences

                   punishable under Sections 126(2), 115(2), 118(1),

                   109(1), 352, 351(2) and 3(5) of the BNS.

                                3. As per FIR, petitioner alleged to assault

                   informant and others by using “farsa” causing head

                   and other bodily injuries, where occurrence alleged to

                   be arising out of land dispute.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that occurrene was free fight in

                   nature, where both parties received injuries and for the

                   said occurrence petitioner’s mother also lodged a case,

                   which has been registered as Complaint Case No.

                   114(C) of 2026 before learned CJM Bettiah, West
               Patna High Court CR. MISC. No.19134 of 2026(2) dt.31-03-2026
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                         Champaran. It is also submitted that FIR in issue was

                         lodged with a delay of 3 days without any just

                         explanation and moreover, injury found simple in

                         nature, which also not appears caused by farsa,

                         creating doubt qua occurrence in terms of allegation.

                         While concluding the argument it is submitted that

                         petitioner is a man of clean antecedent.

                                        5. Learned APP opposes the prayer of bail.

                                        6. In view of aforesaid factual and legal

                         submission and by taking note of fact as nature of

                         injury appears simple and non-repeated, prima-facie

                         negating        intention        to     cause        death,     accordingly

                         petitioner above-named, in the event of his arrest or

                         surrender before the court below within a period of

                         four weeks, is directed to be released on bail,

                         furnishing bail bond of Rs. 10,000/- (Rupees Ten

                         Thousand) with two sureties of the like amount each to

                         the satisfaction of the learned ACJM 1 st, Bettiah West

                         Champaran/concerned                   Court,     where        the   case   is

                         pending in connection with Manpur P.S. Case No. 02 of

                         2026, subject to the conditions as laid down under

                         Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-
        Patna High Court CR. MISC. No.19134 of 2026(2) dt.31-03-2026
                                                    3/3




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