Patna High Court
Kanhaiya MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties, with surrender within eight weeks, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Kanhaiya Mahto, was arrested in a case alleging assault under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNS). He claimed the incident arose from a petty family dispute and asserted a clean antecedent. The State opposed his bail, while the petitioner’s counsel sought release on the condition of surrender within eight weeks. The court considered the petitioner’s clean record, the nature of the dispute, and the statutory provisions governing bail. It ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNS. The order effectively secured the petitioner’s temporary liberty pending further proceedings.
Issues considered
- Whether bail should be granted to the petitioner despite charges under sections 126(2), 115(2), 117(2), 109, 118(2) and 3(5) of the BNS
- Whether the petitioner’s clean antecedent and the nature of the dispute justify bail
- Whether the conditions under Section 482(2) of the BNS are satisfied
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115, 117, 118, 126, 3, 482
Subjects
- bail
- criminal procedure
- assault
- clean antecedent
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3338 of 2026
Arising Out of PS. Case No.-521 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
Kanhaiya Mahto S/O Late Kashi Mahto R/O Vill- Korari Kala, P.S-
Daraunda, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),
117 ( 2 ), 109, 118 ( 2 ) and 3 (5) of BNS.
3 . As per F.I.R. this petitioner assaulted one Rajdev
Mahto and Indra dev by means of fasli and other co-accused
persons assaulted other family members of informant.
4. It is submitted on behalf of the petitioner that both
the parties are close relative of each other and on account of
petty dispute , an altercation took place between them in which
both sides inflicted injuries on each other. Case and counter
case . Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail
Patna High Court CR. MISC. No.3338 of 2026(2) dt.02-02-2026
2/2
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged 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 Addtional
Chief Judicial Magistrate – VI Siwan in connection with
Daraunda P.S. Case No. 521 of 2025 , subject to theconditions
laid down under section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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