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Patna High Court

Ganesh MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that the petitioners were under an intention to cause death and therefore denied anticipatory bail.

Summary

The petitioners, Ganesh Mahto and Rajesh Mahto, were named in an FIR for assaulting an informant during a land dispute, allegedly causing grievous injuries with intent to cause death. They sought anticipatory bail, arguing that the incident was a mutual fight and that the injuries alone did not prove intent to kill, citing a Supreme Court decision (State of Himachal Pradesh v. Shamsher Singh). The prosecution, aided by counsel for the informant, contended that the repeated assaults on vital parts of the body demonstrated a clear intention to cause death. The court examined the nature of the weapons, manner of assault, and pre‑ and post‑conduct, finding that the facts satisfied the criteria under Section 109(1) of the Bihar Negotiable Statutes. Consequently, the court rejected the petition for anticipatory bail. The petition was dismissed.

Issues considered

  • Whether the facts disclose an intention to cause death sufficient to deny anticipatory bail under Section 109(1) of the Bihar Negotiable Statutes.
  • Whether the presence of mutual injuries in a land dispute negates the requisite intent for offences under Sections 126(2), 115(2), 109, 352, 351(2), 117(2) and 3(5).

Legislation cited

Subjects

  • anticipatory bail
  • intention to cause death
  • grievous injuries
  • land dispute
  • criminal law
  • Section 109
  • Section 352
  • Bihar Negotiable Statutes

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36809 of 2026
                      Arising Out of PS. Case No.-44 Year-2026 Thana- MATIHANI District- Begusarai
                 ======================================================
           1.     Ganesh Mahto Son of Saryug Mahto Resident of village- Kharidi, Ward no
                  16, PS-Matihani, Dist -Begusarai
           2.     Rajesh Mahto @ Rajeshwar Son of Saryug Mahto Resident of village-
                  Kharidi, Ward no 16, PS-Matihani, Dist -Begusarai
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nakul Kumar Jamuar
                 For the Opposite Party/s :        Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-06-2026                     Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Matihani P.S. Case

                   No. 44 of 2026 registered for the offences punishable under

                   Sections 126(2), 115(2), 109, 352, 351(2), 117(2) and 3(5) of

                   the BNS.

                                3. The allegation against petitioners is to assault

                   informant and others by using lathi, rod etc. causing head and

                   bodily injuries, where injury as caused by petitioner was alleged

                   to made with an intention to cause death of injured persons,

                   where occurrence arises out of land dispute.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that present occurrence appears free
Patna High Court CR. MISC. No.36809 of 2026(2) dt.17-06-2026
                                            2/3




          fight in nature, where both parties received injuries, therefore, it

          cannot be said safely that petitioners were not under intention to

          cause death of the injured/informant. It is also submitted that for

          the same set of occurrence petitioner’s side also lodged a case,

          which has been registered as Matihani P.S. Case No. 43 of 2026.

          It is conceded that injuries are grievous in nature, but merely on

          said ground it cannot be said that petitioners were under

          intention to cause death as there are several factors required to

          make out a prima-facie case under Section 109(1) of the BNSS

          like, nature of weapons, manner of assault, pre and post conduct

          of accused during the occurrence etc. In support of his

          submission learned counsel relied upon the legal report of Hon’ble

          Supreme Court as available through State of Himachal

          Pradesh Vs. Shamsher Singh, [2025 SCC OnLine 807].

          While concluding argument, it is submitted that petitioner no. 2 is

          a man of clean antecedent and petitioner no. 1 found involved in

          one more case, where he is on bail.

                       5. Learned APP duly assisted by learned counsel for

          the informant while opposing the prayer of bail submitted that

          petitioner during the occurrence made repeated assaults upon

          informant/injured causing multiple grievous injuries upon vital

          part of the body as it appears from the impugned order itself,
               Patna High Court CR. MISC. No.36809 of 2026(2) dt.17-06-2026
                                                           3/3




                         which is sufficient to suggest that petitioners were “under

                         intention to cause death” of the informant/injured.

                                       6. In view of aforesaid factual and legal submission

                         and by taking note of fact as petitioners specifically alleged to

                         cause multiple grievous injuries on the vital part of the body of

                         informant      during     the    occurrence,         accordingly   prayer   of

                         anticipatory bail of petitioners stands rejected.


                                                                    (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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