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Patna High Court

Vijay Mahto @ Vijay Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Vijay Mahto, sought anticipatory bail in connection with a case alleging he assaulted an informant with a sharp weapon, invoking Sections 126(2), 127(2), 115(2), 118(1), 352 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita. The petitioner argued that the FIR was vague, the injury was simple, and he had a clean criminal record. The State opposed the bail, contending the seriousness of the offences. The Court, noting the simplicity of the injury and the petitioner’s claim of no prior convictions, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, including cooperation with investigation and verification of antecedents. The order directed that bail be enlarged if the petitioner is arrested or surrenders within four weeks.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 of the CrPC in view of the alleged offences.
  • Whether the nature of injury and the petitioner’s clean antecedent justify bail.
  • Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 Bharatiya Nagarik Suraksha Sanhita
  • simple injury
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21112 of 2026
                        Arising Out of PS. Case No.-78 Year-2025 Thana- JALE District- Darbhanga
                 ======================================================
                 Vijay Mahto @ Vijay Kumar Mahto S/O Kari Mahto R/O Village- Jale (Hat
                 Rambag), P.S- Jale, District- Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :       Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Jale P.S. Case No. 78 of 2025, corresponding to G.R. No.

                   1429/2025 registered for the offence punishable under Sections

                   126(2), 127(2), 115(2), 118(1), 352, 3(5) of the B.N.S.

                                3. The allegation against the accused/petitioner is that

                   he gave a blow of sharp cutting weapon to the informant.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the

                   present case. From bare perusal of FIR, it appears that there is

                   no specific allegation of assault or overt act against the

                   petitioner rather the allegation is general and omnibus.

                   Petitioner has clean antecedent. However, the injury report
Patna High Court CR. MISC. No.21112 of 2026(2) dt.08-04-2026
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          shows that the nature of injury is simple.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the fact that the injury is found to be

          simple in nature and petitioner claims clean antecedent. Under

          these circumstances, I am inclined to grant the privilege of

          anticipatory bail to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

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

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Additional Chief Judicial Magistrate-

          1, District- Darbhanga, in connection with Jale P.S Case No. 78

          of 2025, corresponding to G.R. No. 1429/2025, subject to the

          conditions laid down under section 438(2) of the Code of

          Criminal Procedure/Section 482(2) of the Bharatiya Nagarik

          Suraksha Sanhita, 2023 and subject to further condition that :-

                       (i) the petitioner shall co-operate in the investigation/

          trial.

                       (ii) the learned Court would, however, verify the

          criminal antecedent of the petitioner and in case it is found that

          the petitioner has concealed his criminal antecedent, the Court
            Patna High Court CR. MISC. No.21112 of 2026(2) dt.08-04-2026
                                                        3/3




                      below shall take step for cancellation of bail bond of the

                      petitioner. However, it is expected that the verification process

                      would be done expeditiously without causing any delay.


                                                       (Alok Kumar Sinha, J)

Ranjeet/-

U      T


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