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Patna High Court

Amit Kumar @ Amit Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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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