Patna High Court
Amit Kumar @ Amit Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release on bail.
Summary
Amit Kumar Mahto was arrested in a case registered under Sections 109(1) and 3(5) of the BNS for allegedly attempting to kill his wife, the informant, by pressing her neck. The petitioner pleaded innocence, claiming the FIR was a false complaint filed by his wife amid marital discord, and highlighted his clean antecedent and minor children. He applied for pre‑arrest bail, while the State opposed the relief. The Court examined the FIR allegations and noted that the informant, instead of using a legal remedy, lodged the FIR against her husband. Finding a prima facie case for bail, the Court ordered his release on pre‑arrest bail subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNSS. The District Court was directed to verify the petitioner’s criminal antecedent, and the bail order would lapse if any other pending case is discovered.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the allegations under Sections 109(1) and 3(5) of the BNS.
- Whether the FIR filed by the wife constitutes a false or malicious complaint warranting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 109(1), 3(5)
- Bihar Negotiable Substances Act — s. 482(2)
Subjects
- pre‑arrest bail
- false FIR
- marital dispute
- criminal antecedent
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37656 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Chhaudahi District- Begusarai
======================================================
Amit Kumar @ Amit Kumar Mahto, Son of Ram Sagar Mahto, Resident of
Village - Tara Bariyarpur, Ward No. 09, P.S.- Khodawandpur, District-
Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Khushbu Devi @ Khusbu Devi Wife of Amit Kumar @ Amit Kumar
Resident of Village - Tara Bariyarpur, Ward No. 09, P.S.- Khodawandpur,
Dist.- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate
Mr. Rani Shashi Bharti, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 01-07-2026 Heard Mr. Bijay Bhushan Prasad, learned counsel
appearing on behalf of the petitioner and Mrs. Pushpa Sinha,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Chhaurahi P.S. Case No. 07 of 2026, registered for the
offence punishable under Sections 109(1) and 3(5) of the BNS.
3. As per the allegation made in the FIR, the petitioner
along with co-accused, had allegedly tried to kill the informant,
who is the wife of the petitioner, by pressing her neck.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.37656 of 2026(2) dt.01-07-2026
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been implicated in the present case. He further submitted that
petitioner, who is the husband of the informant, is being
harrased by his wife, with whom, he is in matrimonial
relationship for nearly 15 years. Petitioner has two minor
children and he has clean antecedent. On these grounds,
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR, I find that the informant, instead of availing remedy in
accordance with law, has lodged the present FIR against the
petitioner, who is her husband. I am of the opinion that
petitioner has, prima facie, made out a case to be released on
pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four 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 District Court where the
case is pending, in connection with Chhaurahi P.S. Case No. 07
Patna High Court CR. MISC. No.37656 of 2026(2) dt.01-07-2026
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of 2026, subject to the condition as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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