Patna High Court
Arvind Mahto @ Arvind Kumar @ Arvind Kumar Mahto @ ArvindversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The Patna High Court considered an application for bail filed by Arvind Mahto, who was accused of assaulting the husband of an informant with a khanti, causing a grievous head injury and a fracture of the right temporo‑frontal bone. He was charged under Sections 126(2), 115(2), 109(1) and 3(5) of the B.N.S. The prosecution highlighted the seriousness of the injury, while the defence argued that the petitioner was falsely implicated, there was a two‑day delay in filing the FIR, no repeated blows indicating intent to kill, and the petitioner had no prior criminal record. After hearing both sides, the court noted the lack of intent to cause death and the petitioner’s custodial status since 14‑10‑2025. The court therefore ordered that bail be granted on a bond of Rs 10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the accused despite the grievous nature of the injury
- Whether the two‑day delay in filing the FIR is a ground to deny bail
- Whether the absence of repeated blows indicates lack of intent to kill
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 3(5)
Subjects
- bail
- assault
- grievous injury
- criminal procedure
- B.N.S.
- high court
- surety
- intent to kill
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5132 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Arvind Mahto @ Arvind Kumar @ Arvind Kumar Mahto @ Arvind, S/O
Baijnath Mahto, R/O Vill.- Cheriyabariyarpur, P.S.- Cheriyabariyarpur, Dist.-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Cheriyabariyarpur P.S. Case No.131 of 2025 registered for
the offence punishable under Sections 126(2), 115(2), 109(1)
and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioner along with others arrived at the house of the informant
while the husband of the informant was sleeping and it is
alleged that the petitioner has assaulted with khanti on the head
of the informant’s husband due to which he received bleeding
head injury
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.5132 of 2026(2) dt.04-02-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. It has further been submitted that the occurrence is of
14.08.2025 whereas the F.I.R. has been lodged on 16.08.2025.
There is delay of two days and delay is not explained. It has also
been submitted that there is allegation against the petitioner is
that of assaulting the informant’s husband with khanti but there
is no repetition of blow, this shows that the petitioner was not
having the intention to kill otherwise he may have given other
blows. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 14.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that from perusal of the order of the learned trial court, it
transpire that learned trial Court has recorded that the injury
caused to husband of the informant is grievous in nature and the
CT Scan report shows fracture of right temporo-frontal bones.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.5132 of 2026(2) dt.04-02-2026
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of the like amount each to the satisfaction of the learned
A.C.J.M., Manjhaul (Begusarai) in connection with
Cheriyabariyarpur P.S. Case No.131 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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