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Patna High Court

Dilip Mahto @ Dilip MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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 (Jag​dishpur 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

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


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