Patna High Court
Rohit Mahto @ Rohit Kumar Mahto @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Rohit Mahto, a 19‑year‑old, applied for bail in connection with a FIR (Kuchaikote P.S. Case No.278 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, including assault with a knife and causing grievous injuries. The petitioner claimed innocence, arguing that the allegations were vague, the nature of his alleged injury (belt) did not match the grievous injuries described, and that he had no prior criminal record. The State opposed bail, contending the seriousness of the offences. The Court examined the factual matrix, the petitioner’s age, lack of antecedents, and the inconsistencies in the charge sheet, and decided to grant bail subject to strict conditions under Section 482(2) of the BNSS. The bail order required a bond of Rs.10,000 with two sureties, appearance before the trial court, and prohibitions against tampering with witnesses or committing further offences.
Issues considered
- Whether the petitioner is entitled to bail in a case involving multiple serious offences under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115, 117, 118, 126, 3, 351, 352, 482
Subjects
- bail
- criminal procedure
- section 482
- Bharatiya Nyaya Sanhita
- presumption of innocence
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3701 of 2026
Arising Out of PS. Case No.-278 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Rohit Mahto @ Rohit Kumar Mahto @ Rohit Kumar S/O Banarsi Mahto
Resident of Village- Sasamusa, P.S.- Kuchaikote, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Kumar
For the Opposite Party/s : Mr. Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Kuchaikote P.S. Case No.278 of 2025 dated
29.06.2025, registered for the offence punishable under Sections
126(2), 115(2), 118(1), 109(1), 352, 351(2), 117(1), 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the FIR, the petitioner, along with other
co-accused persons, armed with knives and belts, and with a
common intention to kill, violently assaulted the complainant,
causing him to sustain injuries. The complainant’s younger
brother was also assaulted with belts.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
Patna High Court CR. MISC. No.3701 of 2026(3) dt.20-02-2026
2/3
present case. It is submitted that the petitioner is aged about 19
years and that the allegations against him are general and
omnibus in nature. Although the allegation against the petitioner
is that he assaulted the victim with a belt, the injuries said to be
grievous in nature are alleged to have been caused by a sharp
object; thus, the nature of the injury does not corroborate the
allegations levelled against the petitioner. Lastly, it is submitted
that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the above named petitioner, be released on bail, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned CJM,
Gopalganj/ Successor Court in connection with Kuchaikote P.S.
Case No.278 of 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
Patna High Court CR. MISC. No.3701 of 2026(3) dt.20-02-2026
3/3
official document/ personal affidavit 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
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)
shikha/-
U T
Checking your session…