Mahesh MahtoversusTHE STATE OF BIHAR

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5912 of 2026
                   Arising Out of PS. Case No.-464 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
           1.     Mahesh Mahto Son of Shree Mahto R/o Village - Dilawarpur, Ward no. 9,
                  P.S. - Kesaria, Dist. - East Champaran at Motihari.
           2.    Deepak Mahto @ Deepak Kumar Son of Mahesh Mahto R/o Village -
                 Dilawarpur, Ward no. 9, P.S. - Kesaria, Dist. - East Champaran at Motihari.
           3.    Pankaj Kumar Son of Dinesh Mahto R/o Village - Dilawarpur, Ward no. 9,
                 P.S. - Kesaria, Dist. - East Champaran at Motihari.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manish Kumar Singh
                 For the Opposite Party/s :       Mr.Prem Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   15-04-2026         1.   Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Keshariya Police Station Case No. 464 of 2025, dated

                            07.10.2025,        disclosing     offences      punishable        under

                            Sections          126(2)/115(2)/118(1)/109/76/303(2)/352/351

                            (2)/3(5) of the Bhartiya Nyaya Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 04.10.2025, at about 7 PM in the evening, co-

                            accused Dinesh Mahto blocked the drainage meant for

                            flowing of rain water and when the informant went to
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                   unblock it, the petitioners, along with co-accused Dinesh

                   Mahto, variously armed, assaulted the informant. The

                   petitioner no. 1 assaulted one Neeraj Mahto on his head

                   by iron rod, causing injury on his head; the petitioner no.

                   2 inflicted sword blow on the head of one Akhilesh

                   Mahto, causing injury on his head, and the petitioner no.

                   3 assaulted the informant and others by lathi.

              4.   Learned Counsel for the petitioners submits that both the

                   parties are agnates and the occurrence took place on a

                   petty dispute of drainage of rain water. There is case and

                   counter case between the parties inasmuch as Keshariya

                   Police Station Case No. 470 of 2025, has been lodged by

                   the wife of petitioner no. 1 against the informant and

                   others for the offences punishable under Sections

                   126(2)/115(2)/118(1)/303(2)/76//352/3(5) of the Bhartiya

                   Nyaya Sanhita, 2023. He further submits that the injuries

                   attributable to the petitioners are simple in nature. He

                   next submits that similarly situated co-accused person,

                   namely, Dinesh Mahto, against whom there is allegation

                   of inflicting farsa blow on the head of the informant, has

                   been granted anticipatory bail by a co-ordinate Bench of

                   this Court, vide order, dated 25.03.2026, passed in
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                               Criminal Misc. No. 14956 of 2026.

                          5.   Regards being had to the submissions advanced on behalf

                               of the parties and taking into consideration the fact that

                               both the parties are agnates, the injuries attributable to the

                               petitioners are simple in nature and co-accused, Dinesh

                               Mahto, has been granted anticipatory bail by a co-

                               ordinate Bench of this Court, I am inclined to grant the

                               petitioners privilege of anticipatory bail.

                          6. This application is, accordingly, allowed.

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

                               arrest or surrender before the Court below within a period

                               of four weeks from today, be released on bail on

                               furnishing bail bonds of Rs. 10,000/- (ten thousand) each

                               with two sureties of the like amount each to the

                               satisfaction of learned Chief Judicial Magistrate, East

                               Champaran, at Motihari, in connection with Keshariya

                               Police Station Case No. 464 of 2025, subject to the

                               condition laid down under Section 482 (2) of the

                               Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

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