Patna High Court
Vishal Mahto @ Vishal Kumar @ Chetan @ ChentanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Vishal Mahto, was implicated in a case (PS No.116/2025) alleging participation in a mob assault on an informant, with charges under several sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.). The petitioner claimed innocence, alleging political vendetta and lack of criminal antecedent, and sought anticipatory bail. The State opposed the bail, arguing the seriousness of the alleged offences. The Court noted the absence of a specific allegation of assault against the petitioner and his clean record, and therefore granted anticipatory bail subject to conditions under section 482(2) of the B.N.S., 2023. The bail order required a bond, sureties, cooperation with investigation, and verification of any concealed criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges.
- Whether there is a specific allegation of assault against the petitioner.
- Whether the petitioner’s lack of criminal antecedent warrants bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- mob assault
- false implication
- political vendetta
- criminal antecedent
- B.N.S.
- section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21309 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Vishal Mahto @ Vishal Kumar @ Chetan @ Chentan S/o Umesh Mahto @
Valeshavar Mahto R/o Village - Ananadgolwa @ Anand Golava, P.S -
Mohiuddin Nagar, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Shadab Alam Wazdi, Adv
For the Opposite Party/s : Mr. Rabindra Kumar, APP
For the Informant : Mr. Pushkar Prashant, Adv
Mr. Sanjay Kumar, Adv
======================================================
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 Mohiuddin Nagar P.S. Case No. 116 of 2025, registered for
the offence punishable under Sections 126(2), 115(2), 118(1),
303(2), 109(1), 352, 351(2), 351(3) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that when
the informant was returning to his house on motorcycle with
Chandan Kumar after watching Orchestra, in the way 9-10
miscreants including petitioner surrounded the informant and on
the order of co-accused Saurav Kumar Singh, co-accused Sonu
Kumar Singh with an intention to kill, placed pistol upon him
Patna High Court CR. MISC. No.21309 of 2026(2) dt.08-04-2026
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and pulled trigger, but it could not fire. Thereafter, he assaulted
with butt of pistol on the head of informant and in course of it,
other co-accused persons Raja Kumar Singh, Rajesh Kumar
Singh and Mantu Kumar Singh also attacked with Farsa, Sword
and Tangari, causing injury. The villagers came there who
carried the informant to Mohiuddinnagar government hospital,
where doctor seeing the serious condition referred to P.M.C.H.,
Patna for treatment.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. He
further submits that he has falsely been implicated in the present
case due to village politics. He further submits that the entire
allegations against him are false, frivolous, baseless and
concocted. There is old enmity between the parties and the
dispute relates to money. He further submits that the petitioner
has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that there is no specific
allegation of assault has been levelled against the petitioner and
that he is alleged to be a member of the mob and also the fact
that the petitioner has no criminal antecedent, this Court is
Patna High Court CR. MISC. No.21309 of 2026(2) dt.08-04-2026
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inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned S.D.J.M., Shahpur, Patori,
Samastipur in connection with Mohiuddin Nagar P.S. Case No.
116 of 2025, subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and
subject to the 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
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)
kiran/-
U T
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