Patna High Court

Ramashish Mahto @ Bullee MahtoversusThe State of Bihar

Decided: 25 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioners.

Summary

The petitioners, Ramashish Mahto and his son Chandan Mahto, applied for regular bail in a case registered under multiple sections of the BNS for allegedly assaulting Dinesh Mahto and an informant with a dabia. The prosecution alleged that the petitioners committed the assaults, while the petitioners claimed innocence, citing a counter‑version of events, simple nature of injury, no prior criminal record, and that they had been in judicial custody since 13‑11‑2025. The State and the informant opposed the bail. After hearing both sides, the court considered the facts, the petitioners' lack of antecedents, and the nature of the injury, and decided to enlarge bail. The court ordered the release of each petitioner on a bail bond of Rs 10,000 with two sureties of the same amount, subject to satisfaction of the Judicial Magistrate. The bail was granted, and the petition was disposed.

Issues considered

Whether regular bail should be granted to the petitioners under the listed offences of the BNS considering the nature of injury, lack of criminal antecedent, and period of judicial custody

Legislation cited

BNS — s. 109, 115(2), 118(1), 126(2), 127(2), 324(2), 3(5), 351(2), 351(3), 352(2)

Subjects

regular bail
criminal procedure
assault
BNS
judicial custody
no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19751 of 2026
                      Arising Out of PS. Case No.-237 Year-2025 Thana- AURAI District- Muzaffarpur
                 ======================================================
           1.     Ramashish Mahto @ Bullee Mahto Son of Chhedari Mahto Resident of
                  Village- Prem Nagar Bhalura, P.S.- Aurai, District- Muzaffarpur.
           2.    Chandan Mahto son of Ramashish Mahto Resident of Village- Prem Nagar
                 Bhalura, P.S.- Aurai, District- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :        Mr. Ganesh Prasad Singh, APP
                 For the Informant        :        Mr. Prabhakar Nath Rai, Advocate
                                                   Mr. Sumit Kumar Srivastava, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

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

                   counsel for the informant and learned APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 115(2),

                   126(2), 127(2), 118(1), 324(2), 109, 352(2), 351(2), 351(3) and

                   3(5) of BNS.

                                3. The case of the prosecution is that the petitioner no.

                   2 has assaulted with dabia on the head of the Dinesh Mahto and

                   the petitioner no. 1 has assaulted with dabia on the head of

                   informant.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence.
            Patna High Court CR. MISC. No.19751 of 2026(2) dt.25-03-2026
                                                        2/2




                      Learned counsel for the petitioners has submitted that there is

                      also a counter version of this case. From perusal of the order of

                      the learned trial court, it is clear that the nature of injury is

                      simple. A statement has been made in para-3 of this petition that

                      the petitioners have got no criminal antecedent. Moreover, they

                      are languishing in judicial custody since 13.11.2025.

                                   5. Learned APP appearing for the state and learned

                      counsel for the informant have vehemently opposed the prayer

                      of regular bail.

                                   6. Having heard learned counsel for the parties and

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

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Aurai P.S. Case No. 237 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Judicial Magistrate 1 st

                      Class (East), Muzaffarpur.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T

Continue reading with your account

Checking your session…