Patna High Court
Mantu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioners are entitled to bail given their clean antecedent, the minor injuries, and the presence of a counter‑case, subject to strict conditions.
Summary
Mantu Mahto and Bhidhayak Mahto were arrested on 21‑11‑2025 in connection with an FIR dated 03‑09‑2025 alleging assault with an iron rod, charging them under Sections 191(1), 191(2), 109(1), 115(2), 303(2), 352 and 351(2) of the Bihar Negotiable Securities Act, 2023. The petitioners contended they have a clean antecedent, the FIR is fabricated, the injuries inflicted were simple, and there exists a case‑and‑counter‑case. The State opposed bail. The High Court, after considering the petitioners’ clean record, the minor nature of the injuries and the existence of a counter‑case, granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the Bihar Negotiable Securities Act, 2023
- Whether the petitioners' clean antecedent and the simple nature of injuries justify bail
- Whether the existence of a case‑and‑counter‑case affects the bail decision
Subjects
- bail
- assault
- false FIR
- clean antecedent
- simple injury
- case and counter case
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3282 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- PURUSHOTTAMPUR District- West
Champaran
======================================================
1. Mantu Mahto Son of Jawahir Mahto
2. Bhidhayak Mahto @ Bidhayak Mahto @ Dayashankar Mahto Son of
Lalbahadur Mahto.
Both are Resident of Madhuri, P.S.- Purushottampur, District - West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Ms.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-01-2026 Heard Mr.Bimlesh Kumar Pandey, learned counsel for
the petitioners and Ms.Anita Kumari, learned A.P.P. for the
State.
2. The petitioners seeks bail, who is in custody since
21.11.2025 in connection with Purushottampur P.S. Case No.
110 of 2025, F.I.R. dated 03.09.2025 registered for the offence
punishable under Sections 191(1), 191(2), 109(1), 115(2),
303(2), 352, 351(2)of BNS, 2023.
3. Allegation against the petitioners is that they
assaulted to the informant and his father by means of iron rod.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent. The
Patna High Court CR. MISC. No.3282 of 2026(2) dt.21-01-2026
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allegation as alleged in the FIR is false and fabricated and the
petitioners have not committed any offence as alleged in the
FIR. Although there is specific allegation against the petitioners
that they have assaulted to the informnat and other persons but
the injury inflicted upon the injured persons is simple in nature
and there is case and counter case. The petitioners are in custody
since 21.11.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners.
6. Considering the aforesaid fact, petitioners have
clean antecedent, there is case and counter case and injury
inflicted upon the injured persons is simple in nature, let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs.10,000/- (Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned J.M., 1st
Class, Bettiah, West Champaran in connection with
Purushottampur P.S. Case No. 110 of 2025, with the following
conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.3282 of 2026(2) dt.21-01-2026
3/3
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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