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Patna High Court

Baliram MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to bond and surety conditions.

Summary

The petitioners, Baliram Mahto and three others, were named in an FIR for assaulting an informant and others, alleged under multiple sections of the Bhartiya Nyay Sanhita, 2023 and section 27 of the Arms Act. They applied for anticipatory bail, arguing that the incident was a mutual free fight resulting in only simple injuries, and that there was no intention to cause death. The State opposed the bail, citing the seriousness of the charges. The court examined the medical report confirming simple injuries and noted that the alleged assault was not a repeated offence. Considering these facts, the court granted anticipatory bail, directing the petitioners to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused of assault under the Bhartiya Nyay Sanhita and Arms Act
  • Whether the nature of the injuries and the circumstances of the incident justify bail

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • simple injury
  • Bhartiya Nyay Sanhita
  • Arms Act
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35165 of 2026
                    Arising Out of PS. Case No.-206 Year-2026 Thana- CHAPRA TOWN District- Saran
                 ======================================================
           1.     Baliram Mahto S/o Late Lal Babu Mahto Resident of Village- Rupganj, P.S.
                  - Town, District - Saran
           2.    Raja Kumar @ Raja Mahto S/o Shyam Babu Mahto @ Shyam Babu R/o vill
                 - Sahebganj, Sonarpatti, P.s.- Town, Distt.- Saran
           3.    Vijay Kumar @ Vijay Mahto S/o Shyam Babu Mahto @ Shyam Babu R/o
                 vill - Sahebganj, Sonarpatti, P.s.- Town, Distt.- Saran
           4.     Shyam Babu Mahto @ Shyam Babu S/o Late Sudarshan Mahto R/o vill -
                  Sahebganj, Sonarpatti, P.s.- Town, Distt.- Saran
                                                                         ... ... Petitioners
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Adarsh Ranjan, Advocate
                 For the Opposite Party/s :      Mr.Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   03-07-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Town P.S. Case No.

                   206 of 2026 registered for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) & 3(5)

                   of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’) and

                   section 27 of the Arms Act.

                             3. The allegation against the petitioners is to assault the

                   informant and others alongwith seven co-accused persons

                   causing head and bodily injury, where the occurrence alleged to
Patna High Court CR. MISC. No.35165 of 2026(3) dt.03-07-2026
                                            2/3




          be arising out of previous enmity.

                   4. Learned counsel appearing on behalf of the petitioners

          submitted that the occurrence was free fight in nature where

          both parties received injury and, therefore, it can be safely said

          that petitioners were not under intention to cause death of the

          injured.

                   5. It is pointed out that for same set of occurrence

          petitioners had also lodged a case against the informant which

          was registered as Saran Town P.S. Case No. 205 of 2026 lodged

          by Pappu Kumar. It is further argued that upon medical

          examination, the injury was found single and simple in nature.

                   6. Explaining criminal antecedent of the petitioners, it is

          submitted that petitioner no. 1 found involved in six cases;

          petitioner no. 2 found involved in three criminal cases;

          petitioner no. 3 found involved in two criminal cases and

          petitioner no. 4 found involved in six criminal cases, all are of

          petty nature, in which petitioners are on bail.

                   7. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       8. In view of the aforesaid factual submissions and by

          taking note of the fact as the allegation qua physical assault

          prima facie not appears repeated, where injury upon medical
           Patna High Court CR. MISC. No.35165 of 2026(3) dt.03-07-2026
                                                       3/3




                     examination found simple in nature, accordingly, all above-

                     named petitioners, in the event of their arrest/surrender within a

                     period of four weeks from this order, are directed to be enlarged

                     on bail on furnishing of bail bond of Rs.10,000/- (ten thousand

                     only) with two sureties of the like amount each to the

                     satisfaction of learned Chief Judicial Magistrate, Saran at

                     Chapra/concerned court in connection with Town P.S. Case No.

                     206 of 2026, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya

                     Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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