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Patna High Court

Ajay Mahto @ Ajay Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, finding that the circumstances warranted such relief.

Summary

The petitioners, Ajay Mahto and his son Abhishek Kumar, sought anticipatory bail fearing arrest in a case arising from an alleged assault on 17 August 2025, for which an FIR was lodged under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners attacked two individuals with iron rods, causing head injuries. The petitioners contended that they were falsely implicated due to an ongoing land dispute, highlighted a discrepancy in the time of the incident, and argued that the injuries were minor. The court examined these contentions, noted the possibility of false implication and the nature of the injuries, and was persuaded to grant anticipatory bail. The bail was conditioned on a bond, sureties, appearance before the trial court, non‑interference with witnesses, and refraining from further offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
  • Whether the allegations against the petitioners constitute a false implication arising from a land dispute

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • land dispute
  • assault
  • criminal procedure
  • bail conditions
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5889 of 2026
                       Arising Out of PS. Case No.-72 Year-2025 Thana- Kotwali District- Darbhanga
                 ======================================================
           1.     Ajay Mahto @ Ajay Kumar Mahto Son of Late Shivji Mahto R/o Ward No.
                 19, Rajkumar Ganj, P.S.- Kotwali, District- Darbhanga.
           2.    Abhishek Kumar Son of Ajay Kumar Mahto @ Ajay Mahto R/o Ward No.
                 19, Rajkumar Ganj, P.S.- Kotwali, District- Darbhanga.
                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kanchan Jha
                 For the Opposite Party/s :        Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   24-02-2026                      Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Kotwali P.S. Case No.72 of 2025, F.I.R dated

                   19.08.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 110, 351(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, on 17.08.2025 at

                   about 9:00 PM, the informant and his family were eating near

                   their house after attending the funeral of their aunt, Geeta Devi.

                   At that time, his elder brother Ajay Mahto, who had been living

                   separately due to prior disputes, arrived along with his son

                   Abhishek Kumar, wife Pinki Devi, daughters Priya Kumari and
Patna High Court CR. MISC. No.5889 of 2026(3) dt.24-02-2026
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          Priti Kumari, and two unknown relatives. Allegedly acting with

          intent to kill, they assaulted Ravi Kumar Mahto and Sanjay

          Kumar Mahto with iron rods, causing head injuries. The injured

          were admitted to DMCH for treatment.

                      4. Learned counsel for the petitioners submits that the

          petitioners have falsely been implicated in the present case and

          the present case arose due to an existing land dispute. There is

          case and counter case and the petitioners and informant are

          agnates. It has next been submitted that for same and similar

          incident, by showing the incident to have taken place at 09:00

          p.m., while the said incident, as per the F.I.R. of this petitioner

          has taken place at 10:00 p.m., and owing to the injuries

          sustained, the petitioner was admitted in the hospital and went

          under treatment on 17.08.2025 and to get over the allegation,

          the instant case is said to have been registered. It has further

          been submitted that the injuries which is said to have been

          sustained by the informant are simple in nature.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          the petitioners have falsely been implicated in the present case

          and the present case arose due to an existing land dispute and
Patna High Court CR. MISC. No.5889 of 2026(3) dt.24-02-2026
                                            3/4




          the injuries which is said to have been sustained by the

          informant are simple in nature. Accordingly, this Court is

          inclined to grant the privilege of anticipatory bail to the

          petitioners.

                       7. Let the petitioners, above named, in the event of

          their arrest or surrender before the Court below within a period

          of thirty days from the date of receipt of the order, be released

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

          with two sureties of the like amount each to the satisfaction of

          the learned CJM, Darbhanga, in connection with Kotwali P.S.

          Case No.72 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure /

          Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and

          with other following conditions:-

                       (i) one of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document/personal affidavit to show his/her bona fide;

                       (ii) the petitioner(s) shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his/her/their bail bond by the Trial Court itself;

                       (iii) the petitioner(s) shall in no way try to induce or
           Patna High Court CR. MISC. No.5889 of 2026(3) dt.24-02-2026
                                                       4/4




                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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