Patna High Court

Suresh Mahto @ Suresh KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that anticipatory bail must be granted to the petitioner.

Summary

The petitioner, Suresh Mahto, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109, 76, 3(5) and 303(2) of the B.N.S., 2023, alleging he assaulted an informant. The prosecution alleged that he, along with co‑accused, grabbed the informant’s hair, dragged and assaulted her. The petitioner contended that the allegations were vague, no specific overt act was detailed, and the injury was simple, citing that a co‑accused, Chhotelal Mahto, had already been granted anticipatory bail in a similar case. The State opposed the bail. The Court, noting the general and omnibus nature of the accusation and the principle of parity, allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and subject to Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the allegations of assault.
Whether the allegations are sufficiently specific to deny bail.
Whether the grant of anticipatory bail to a co‑accused creates a binding precedent for the petitioner.

Legislation cited

B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 76
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
assault
general allegation
parity
bail bond
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5701 of 2026
                   Arising Out of PS. Case No.-401 Year-2024 Thana- SAMASTIPUR MUFFASIL District-
                                                        Samastipur
                 ======================================================
                 Suresh Mahto @ Suresh Kumar S/O Fekan Singh @ Fekan Mahto R/o Village
                 - Ward no.- 1, Laguniya Raghu Kanth, P.S- Samastipur Muffasil, District-
                 Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr.Bijay Bhushan Prasad, Advocate
                 For the State           :       Mr.Shailendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109, 76, 3(5) and 303(2) of the B.N.S., 2023.

                                3. As per the prosecution case, it is alleged that this

                   petitioner, along with co-accused Arvind Mahto and Chhotelal

                   Mahto, grabbed the hair of the informant, dragged her and

                   assaulted her with fist and slap.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Allegation of assault is general and

                   omnibus and no specific accusation of overt act has been alleged

                   against this petitioner. Doctor has found the injury, allegedly
            Patna High Court CR. MISC. No.5701 of 2026(2) dt.11-02-2026
                                                        2/2




                      caused by this petitioner, simple in nature. Moreover, co-accused

                      Chhotelal Mahto, having similar and identical allegations, has

                      already been granted anticipatory bail by this Hon’ble Court vide

                      order dated 08.04.2025 in Cr. Misc. No. 10686 of 2025.

                                   5. Learned A.P.P. for the State has vehemently opposed

                      the prayer for grant of anticipatory bail to the petitioner.

                                   6. Considering the facts and circumstances of the case,

                      general and omnibus nature of accusation and claim based on

                      parity, the prayer for grant of anticipatory bail to the petitioner is

                      allowed.

                                   7. Accordingly, in the event of arrest/surrender within a

                      period of eight weeks from today, let the above named petitioner

                      be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

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

                      satisfaction of learned A.C.J.M.-II, Samastipur in connection with

                      Muffasil P.S. Case No. 401 of 2024, subject to condition as laid

                      down under Section 482(2) of the B.N.S.S..



                                            (Prabhat Kumar Singh, J)

Shashank/
Abhishek-

U     T

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