Patna High Court
Vijay Mahto @ Vijay Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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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