Patna High Court
Dilip Mahto @ Dilip MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, three brothers from West Champaran, applied for anticipatory bail fearing arrest in a case (Jagdishpur P.S. No.110 of 2025) that alleged offences under several sections of the B.N.S. The prosecution alleged they assaulted a victim causing simple injuries. The petitioners claimed innocence and alleged false implication, noting that only one of them had a prior criminal record. The State opposed the bail. The High Court, after hearing counsel, allowed the anticipatory bail, directing the petitioners to surrender within four weeks and execute bail bonds of Rs.10,000 with two sureties each, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the facts of the case
- Whether the allegations under the listed sections of the B.N.S. justify denial of bail
- Application of Section 438(2) of the CrPC and Section 482 of the B.N.S. in granting anticipatory bail
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118, 126(2), 190, 191(2), 191(3), 303(2), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 438
- Section 482
- Bihar
- West Champaran
- bail conditions
- offence sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56544 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- Jagdishpur District- West Champaran
======================================================
1. Dilip Mahto @ Dilip Mandal S/o Bhoj Mahto R/o Village- Nakati Paterawa,
Ward No. 10, P.S.- Jagdishpur, Dist.- West Champaran
2. Prabhu Mahto S/o Jiut Mahto R/o Village- Nakati Paterawa, Ward No. 10,
P.S.- Jagdishpur, Dist.- West Champaran
3. Prem Mahto S/o Jiut Mahto R/o Village- Nakati Paterawa, Ward No. 10,
P.S.- Jagdishpur, Dist.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gyan Prakash, Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Jagdishpur P.S. Case No. 110 of 2025 registered
for the offence under Sections 190, 191(2), 191(3), 126(2),
115(2), 118, 109(1), 303(2) and 352 of B.N.S.
3. As per the prosecution case, petitioners are
accused of assaulting the victim causing simple injuries.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that
Patna High Court CR. MISC. No.56544 of 2025(3) dt.20-02-2026
2/2
there are general and omnibus allegations levelled against the
petitioners. Petitioner no. 1 has got one criminal antecedent and
petitioner nos. 2 and 3 have got clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, 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 the learned District
and Additional Sessions Judge-II, Bettiah, West Champaran/
concerned Court below in connection with Jagdishpur P.S. Case
No. 110 of 2025, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…