Patna High Court
Munarika Mahto @ Mundrika MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.S 2023.
Summary
Munarika Mahto petitioned the Patna High Court for bail in a case (Udwantnagar PS Case No. 498 of 2025) where he is accused, along with others, of assaulting an informant and his family, violating Sections 329(3), 126(2), 115(2), 109, 117(2) and 3(5) of the B.N.S 2023. The petitioner claimed he was falsely implicated, stating the dispute stemmed from a land issue between agnate families and that the injuries were simple. He asserted he had no prior criminal record and had not previously applied for anticipatory or regular bail. The State opposed the bail application. Considering the nature of the injury, the existence of a counter‑case, and the petitioner’s clean record, the court granted bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S 2023.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under Sections 329(3), 126(2), 115(2), 109, 117(2) and 3(5) of the B.N.S 2023.
- Whether the nature of the alleged injury (simple) and the existence of a land‑dispute counter‑case justify granting bail.
- Whether the petitioner’s lack of prior criminal antecedents and the fact that he had not previously applied for bail affect the bail decision.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 126(2), 329(3), 3(5)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- criminal procedure
- Section 482
- simple injury
- land dispute
- anticipatory bail
- regular bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4459 of 2026
Arising Out of PS. Case No.-498 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Munarika Mahto @ Mundrika Mahto Son of Ram Ishwar Mahto Resident of
Village -South Akawna PS- Udwantnagar, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anant Kumar Pandey, Advocate
For the State : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Udwantnagar P.S. Case No. 498 of 2025,
dated 06.10.2025, registered for the offences punishable under
Sections 329(3), 126(2), 115(2), 109, 117(2) and 3(5) of B.N.S,
2023.
3. As per allegation, all the accused persons including
the petitioner came to the house of the informant and assaulted
him and his family members causing injury to the informant and
his wife.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that as a matter of fact both the sides
Patna High Court CR. MISC. No.4459 of 2026(2) dt.04-02-2026
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are agnates and on account of some land dispute, altercation
took place in which both sides got injury leading to filing of
case and counter case. He further submits that the injury alleged
caused by the petitioner’s side is simple in nature.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the case and counter case between the
parties and nature of injury is simple, this petition is allowed,
directing the petitioner, above-named, to be enlarged on bail, in
the event of his arrest or surrender before the court below within
a period of eight weeks from the date of receipt / production of a
copy of this order, on his furnishing bail bonds in the sum of Rs.
10,000 /- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned concerned Court below, in
connection with Udwantnagar P.S. Case No. 498 of 2025,
subject to the conditions as laid down under Section 482 (2) of
the B.N.S.S 2023, and on the following conditions:
Patna High Court CR. MISC. No.4459 of 2026(2) dt.04-02-2026
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(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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