Patna High Court
Jitan Mahto @ Jitan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Statutes — s. 109(1), 115(2), 126(2), 303(3), 3(5), 351(2), 352
- Bihar Negotiable Statutes (Criminal Procedure) — s. 482(2)
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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