Patna High Court
Bahadur MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that anticipatory bail should be granted to the petitioner subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
The petitioner, Bahadur Mahto, sought anticipatory bail in connection with a case alleging assault, robbery and other offences under the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that Mahto and a co‑accused assaulted an informant with a spade and lathi, causing head injuries, and stole money and a silver chain. The petitioner contended he was falsely implicated, that there exists a case‑and‑counter‑case between the parties, the injuries to the informant were simple, and he has a clean antecedent. The court noted the existence of a reciprocal dispute, the minor nature of the injuries, and the petitioner’s lack of prior criminal record. Accordingly, the court granted anticipatory bail, subject to a bail bond, sureties and conditions under Section 482(2) of the B.N.S.S., including appearance before the trial court and non‑tampering with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita in view of the alleged offences.
- Whether the presence of a case‑and‑counter‑case and the simple nature of the injuries justify granting bail.
- Whether conditions under Section 482(2) of the B.N.S.S. may be imposed on the anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- robbery
- case and counter case
- clean antecedent
- Section 482
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29682 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- HASANGANJ District- Katihar
======================================================
Bahadur Mahto S/o Chhedilal Mahto Resident of Village - Panserwa, P.S. -
Hasanganj, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar, Adv.
For the Opposite Party/s : Mr.Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Hasanganj P.S. Case No. 44 of 2026 dated 10.02.2026
registered for the offence punishable under Section/s 126(2),
115(2), 109, 352, 351(2) & (3), 303(2), 3(5) of the Bhartiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 10.02.2026,
Bahadur Mahto (petitioner) and Kiran Devi assaulted the
informant, Niranjan Mahto, with a spade and lathi when he
objected to them throwing mud and dirty water onto his crops,
causing head injuries. It is further alleged that they robbed him
of Rs. 750/- and a silver chain before fleeing.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29682 of 2026(3) dt.24-06-2026
2/3
petitioner is innocent and has falsely been implicated in the
present case. There is a case and counter case between the
parties for the same and similar incident in which both the
parties have sustained injuries. It is alleged that the injuries
which is said to have been sustained by the Informant is found
to be simple in nature. Lastly, it is submitted that the petitioner
is a person of clean antecedent.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and
considering the fact that there is a case and counter case
between the parties and the injury sustained by the Informant is
found to be simple in nature and as also the petitioner having no
criminal antecedent, let the petitioner, above named, be released
on anticipatory bail in the event of his arrest or surrender before
the court below within a period of six weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate- 1st Class, Katihar in connection
with Hasanganj P.S. Case No. 44 of 2026, subject to the
condition as laid down under Section 482(2) of the B.N.S.S. as
well as the following conditions:
Patna High Court CR. MISC. No.29682 of 2026(3) dt.24-06-2026
3/3
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.