Patna High Court
Mukesh Mahato @ Mukesh Mahto @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted because the injury was simple in nature and the petitioner’s claim of false implication warranted relief.
Summary
Mukesh Mahato applied for anticipatory bail after learning that he might be arrested in connection with Nautan P.S. Case No. 06 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita. The petitioner claimed innocence, alleging that the case was fabricated due to a land dispute with the informant, who is a close agnate. The State opposed the bail, arguing the seriousness of the charges. The Court examined the nature of the alleged injury, noting it was simple and not grievous. Considering the minimal severity of the injury, the Court allowed the anticipatory bail, directing the petitioner to furnish bail bonds and sureties if arrested within six weeks, subject to Section 482 of the BNSS and Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted in a case involving simple injury under the listed sections of the Bharatiya Nyaya Sanhita
- Whether the nature of the alleged injury and the claim of false implication justify the grant of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(1), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- simple injury
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- land dispute
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33055 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- NAUTAN District- Siwan
======================================================
Mukesh Mahato @ Mukesh Mahto @ Mukesh Kumar S/o Ram Pravesh
Mahato R/o Village- Khalwa, P.S.- Nautan, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate
For the State : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Nautan P.S. Case No. 06 of 2025 instituted under Sections
126(2), 115(2), 118(1), 109, 74, 352, 351(1) and 3(5) of the
Bharatiya Nyaya Sanhita.
3. The petitioner is accused of injuring the victim
causing simple injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner and the informant are close agnates and
there is land dispute between the parties.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.33055 of 2025(6) dt.17-02-2026
2/2
6. Considering the fact that the injury sustained by the
victim is simple in nature, this application is allowed.
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Siwan/ concerned Court in connection
with Nautan P.S. Case No. 06 of 2025, subject to the conditions
laid down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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