Patna High Court
Ajay Mahto @ Ajay Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 118(1), 126(2), 3(5), 351(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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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