Patna High Court

Sandeep MahatoversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court granted bail to the petitioners subject to a bond of Rs 10,000 each and two sureties, under Section 438(2) Cr.P.C.

Summary

The petitioners, Sandeep Mahato and Sujeet Mahato, sought bail fearing arrest in a case (PS Kundwachainpur No. 64 of 2020) that alleged multiple offences including assault, robbery, arson and violations of the Epidemic Disease Act and the D.M. Act. The FIR alleged that they assaulted an informant’s family with iron rods, snatched a gold chain and aided in setting the informant’s house on fire. The petitioners contended that they were falsely implicated, the injuries were minor and the parties had reached a compromise. The learned counsel for the State opposed bail. The Court, after considering the allegations and the claim of compromise, exercised its power under Section 438(2) of the Cr.P.C. and ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties of equal amount, subject to the usual conditions. The order effectively granted bail to the petitioners.

Issues considered

Whether bail should be granted to the petitioners under Section 438(2) Cr.P.C. in view of the nature and seriousness of the offences alleged in the FIR
Whether the alleged compromise between the parties is sufficient to justify the grant of bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 188, 269, 270, 271, 308, 323, 341, 379, 504, 506

Subjects

bail
Section 438 Cr.P.C.
IPC offences
assault
arson
compromise
High Court of Patna
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45476 of 2025
                   Arising Out of PS. Case No.-64 Year-2020 Thana- KUNDWACHAINPUR District- East
                                                        Champaran
                 ======================================================
           1.     Sandeep Mahato S/O Bigan Mahato R/O Village- Hasanpur, P.S-
                  Kunelwachainpur, Distt.- East Champaran.
           2.    Sujeet Mahato @ Sujit Kumar S/O Bigan Mahato R/O Village- Hasanpur,
                 P.S- Kunelwachainpur, Distt.- East Champaran.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Suresh Prasad Bhakta
                 For the Opposite Party/s :      Mr.Brajendra Nath Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   11-02-2026                      Heard learned counsel for the petitioners as well as

                   the learned APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Kundwachainpur P.S. Case No. 64 of 2020, registered for

                   the offences punishable under Sections 341, 323, 308, 379, 504,

                   506, 188, 269, 270, 271 of the Indian Penal Code, 3 of Epidemic

                   Disease Act and 51 of D.M. Act.

                                3. As per allegation, the accused persons, named in

                   the FIR, including the petitioners assaulted the informant’s son

                   with iron rods. When the informant’s wife and grandson

                   intervened, they were also assaulted. It is further alleged that co-

                   accused Bigan Mahato snatched a gold chain from the
           Patna High Court CR. MISC. No.45476 of 2025(5) dt.11-02-2026
                                                       2/2




                     informant’s wife and abetted the act of setting the informant’s

                     house on fire.

                                  4. The learned counsel for the petitioners has

                     submitted that the petitioners are innocent and have falsely been

                     implicated in this case. The injuries are simple in nature. Both

                     the parties have compromised the case.

                                  5. Considering the above-mentioned facts and

                     circumstances, let the petitioners, in the event of their arrest or

                     surrender within four weeks before the learned court below, be

                     released on bail on furnishing bail bond of Rs. 10,000/- (Ten

                     Thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Judicial Magistrate-I Class, Sikarahana at

                     Dhaka, East Champaran in connection with Kundwachainpur

                     P.S. Case No. 64 of 2020, subject to the conditions as laid down

                     under Section 438(2) Cr.P.C.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T

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