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Patna High Court

Mantu MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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