Patna High Court
Surendra Prasad @ Surendra MahtoversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PARTHA SARTHY
Holding
The court denied anticipatory bail to Surendra Mahto but granted it to Shiv Shankar Das subject to bond and surety conditions.
Summary
Surendra Mahto and Shiv Shankar Das applied for anticipatory bail in a case registered under several sections of the Bharatiya Nyay Sanhita, 2023, alleging assault with an iron pipe that caused grievous injury to the informant. The prosecution contended that Surendra assaulted the informant, while the petitioners claimed they were falsely implicated, asserting that Surendra was not present and Shiv was the victim of a prior assault. The court examined the medical evidence of a grievous head injury and the FIR allegations. It rejected Surendra's bail application, directing him to surrender within four weeks, but granted Shiv anticipatory bail on condition of a Rs.10,000 bond and two sureties. The order reflects the court's assessment that sufficient prima facie evidence exists against Surendra but not against Shiv for the present charges.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the Bharatiya Nyay Sanhita, 2023.
- Whether the allegations of assault and grievous injury constitute sufficient ground to deny anticipatory bail to Surendra Mahto.
- Whether Shiv Shankar Das merits anticipatory bail despite the FIR naming him.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- grievous injury
- false implication
- criminal procedure
- Bharatiya Nyay Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3771 of 2026
Arising Out of PS. Case No.-230 Year-2025 Thana- KHANPURA District- Samastipur
======================================================
1. Surendra Prasad @ Surendra Mahto Son of Late Shivnarayan Mahto
Resident of Village - Milki, P.S.- Khanpur, District - Samastipur.
2. Shiv Shankar Das Son of Ghuran Das Resident of Village - Milki, P.S.-
Khanpur, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
For the Informant : Mr. Jitendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioners in this application pray for grant
of anticipatory bail apprehending their arrest in connection with
Khanpura P.S. Case no. 230 of 2025 registered for the offence
punishable under sections 126(2), 115(2), 109(1), 303(2), 352,
351(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. As per the prosecution case, over a trivial dispute
of sale of plastic-iron pipe it is stated that while Shiv Shankar
Das went away without making payment and having cut the
plastic pipe of the informant, it is stated that soon thereafter
Surendra Mahto is said to have assaulted the informant with an
iron pipe causing grievous injuries on his head.
Patna High Court CR. MISC. No.3771 of 2026(2) dt.28-01-2026
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4. Learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the case. The
manner of occurrence is other than what has been narrated in
the FIR. It is in fact the petitioner Shiv Shankar Das who was
brutally assaulted by the informant and his brother for which
Case. no.1573 of 2025 was lodged on earlier occasion. So far as
Surendra Mahto is concerned, he was not even present at the
place of occurrence. The petitioners have no criminal
antecedent and undertake to cooperate in the investigation/trial.
5. The application for bail is opposed by learned
APP for the State and learned counsel for the informant.
Learned counsel for the informant submits that besides both the
petitioners being named in the FIR there is direct allegation
against them and so far as allegation of assault on petitioner
no.1 Surendra Mahto is concerned, a corresponding grievous
injury on the head of the informant has been found by the
doctor.
6. Having heard learned counsel for the parties and
taking into consideration the allegation of assault against
petitioner no.1 Surendra Prasad @ Surendra Mahto on the head
of the informant with an iron pipe and the corresponding injury
grievous in nature having been found, the Court is not inclined
Patna High Court CR. MISC. No.3771 of 2026(2) dt.28-01-2026
3/3
to enlarge the petitioner no.1 Surendra Prasad @ Surendra
Mahto on bail and his application is rejected.
7. The petitioner no.1 Surendra Prasad @ Surendra
Mahto is directed to surrender before the Court below within a
period of four weeks.
8. In the facts of the case, it is directed that the
petitioner no.2 Shiv Shankar Das in the event of his arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Khanpura P.S. Case no. 230 of 2025 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 Judicial
Magistrate 1st Class, Samastipur.
(Partha Sarthy, J)
Bibhash
U T
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