Patna High Court
Dablu Kumar @ Dablu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to conditions.
Summary
Petitioner Dablu Kumar Mahto sought anticipatory bail fearing arrest in a case (PS Case No.110 of 2025) involving offences under the Bharatiya Nyaya Sanhita, 2023, including sections on false evidence, intimidation, and violent assault. The prosecution alleged that the accused, armed, intercepted an informant, robbed him of Rs.1,50,000, and assaulted him, his father, and brother, causing injuries. The petitioner contended that the parties belong to the same village, a compromise had been reached, and the injuries were simple. The State opposed the bail. Considering the simple nature of the injuries, the compromise, and the circumstances, the Court granted anticipatory bail with a bond of Rs.10,000 and specific conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple serious offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the existence of a compromise and the simple nature of injuries justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 191(1), 191(2), 303(2), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal offences
- Section 438
- Section 482
- simple injury
- compromise
- West Champaran
- robbery
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3472 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- PURUSHOTTAMPUR District- West
Champaran
======================================================
Dablu Kumar @ Dablu Mahto Son of Dinanath Mahto Resident of Madhuri,
P.S.- Purushottampur, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the Opposite Party/s : Mr.Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Purushottampur P.S. Case No. 110 of 2025,
F.I.R dated 03.09.2025 registered for the offences punishable
under Sections 191(1), 191(2), 109(1), 115(2), 303(2), 352,
351(2) of Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, informant was
going to make payment to a rod and cement vendor near Teen
Bati, the accused persons intercepted him. They were armed and
abused the informant and his father. Pappu Mahto allegedly
placed a country-made pistol on the informant’s temple and took
the motorcycle key. On his instruction, Mantu Mahto broke the
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vehicle and Rajdeep Mahto taken Rs. 1,50,000/-. When the
informant protested, Bidhayak Mahto allegedly assaulted him on
the neck with an iron rod with intent to kill. When the
informant’s father intervened, Dablu Mahto allegedly attacked
him with a sharp iron tangi, cutting his right ear. The
informant’s elder brother arrived and was also assaulted along
with the informant and his father.
4. Learned counsel for the petitioner submits that
petitioner and neighbours reside in the same village and for the
reasons that the informant having vultures' eyes over the mother
of co-accused Pappu Mahto is said to have misbehaved with
her, the said act of the informant led to the incident in question
in which there is case and counter case. During pendency, good
sense prevailed between the parties and compromise is also said
to have been arrived, which is annexed as Annexure-4 series to
the anticipatory bail petition and the injury said to have been
caused is simple in nature.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances,
the injuries is simple in nature. Accordingly, this Court is
inclined to grant the privilege of anticipatory bail to the
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petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released 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 Judicial Magistrate, 1st Class, Bettiah,
West Champaran in connection with Purushottampur P.S. Case
No. 110 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document 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/her/their 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
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cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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