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Patna High Court

Jitan Mahto @ Jitan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, finding the allegations general and lacking proof of intent to cause death.

Summary

The petitioners, Jitan Mahto and Anil Mahto, were named in an FIR (Supaul PS Case No.169/2026) for offences under several sections of the Bihar Negotiable Statutes, alleged to have assaulted an informant with an axe and hockey stick, causing bodily injuries and allegedly intending to cause death. The petitioners contended that the charge of physical assault was vague, general and omnibus, and that the medical report showed only simple, non‑grievous injuries, indicating no intention to cause death. The State opposed the bail application. The Court observed that the allegations of assault were indeed general, the injuries were simple and non‑repeated, and there was no prima facie evidence of intent to cause death. Consequently, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the Bihar Negotiable Statutes. The order was pronounced by Justice Chandra Shekhar Jha.

Issues considered

  • Whether the allegations of assault against the petitioners constitute a specific charge sufficient to deny bail
  • Whether the injury reports and lack of grievous harm negate the intention to cause death required under the charged offences
  • Whether the petitioners are entitled to bail under Section 482(2) of the Bihar Negotiable Statutes

Legislation cited

Subjects

  • bail
  • assault
  • intention to cause death
  • general allegations
  • Section 482
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41851 of 2026
                        Arising Out of PS. Case No.-169 Year-2026 Thana- SUPAUL District- Supaul
                 ======================================================
           1.     Jitan Mahto @ Jitan Kumar S/O Pagal Mahto @ Paglu Mahto R/O Vill-
                  Ekma, Ward No.- 6, P.S- Supaul, District - Supaul
           2.     Anil Mahto @ Anil Kumar S/O Bhagwan Mahto R/O Vill- Ekma, Ward No.-
                  6, P.S- Supaul, District - Supaul
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Prasoon Kumar
                 For the Opposite Party/s :        Mr.Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026                   Heard the parties.

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

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

                   No.169/2026 registered for the offences punishable under Sections

                   126(2), 115(2), 352, 351(2), 109(1), 303(3) and 3(5) of the BNS.

                                3. The allegation against petitioners is to assault informant

                   and others by using axe and hockey stick causing head and bodily

                   injuries, having intention to cause death of injured/informant, where

                   occurrence alleged to be arises out of playing music on DJ.

                                4. It is submitted by learned counsel appearing on behalf

                   of the petitioners that the allegation qua physical assault against

                   petitioners is appearing very much general and omnibus in nature. It

                   is submitted that informant/injured alleged petitioners with

                   ornamental and aggravated allegation as same appears from the

                   injury report of the injured as no grievous injury was found upon
               Patna High Court CR. MISC. No.41851 of 2026(2) dt.01-07-2026
                                                           2/2




                         Nand Kishor Mahto and Vijay Kumar as one of the alleged injured,

                         whereas injury as alleged to be caused by Buchan Mahto and

                         Upendra Mahto, which also upon medical examination found simple

                         in nature and same not appears repeated, which collectively suggest

                         that petitioners were not under intention to cause death. Petitioners

                         claimed clean antecedent.

                                         5. Learned APP opposes the prayer of bail.

                                         6. In view of aforesaid factual submission and by

                         taking note of fact as allegation qua committing physical assault is

                         appearing very much general and omnibus in nature, where injury

                         inflicted by petitioners found simple and non-repeated prima-facie

                         negating intention to cause death, accordingly all above-named

                         petitioners, in the event of their arrest or surrender before the court

                         below within a period of four weeks, are directed to be released on

                         bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                         each with two sureties of the like amount each to the satisfaction of

                         the learned CJM, Supaul/concerned Court, where the case is pending

                         in connection with Supaul P.S. Case No.169/2026, subject to the

                         conditions as laid down under Section 482(2) of BNSS.


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

U       T


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