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Patna High Court

Nawal Kishor Mahto @ Naval Kishor Mahato @ Nawal MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to bond, sureties, and conditions under Section 482(2) of the B.N.S. 2023.

Summary

The petitioner, Nawal Kishor Mahto, sought bail in connection with a land‑dispute case (Jale PS Case No.190 of 2025) involving offences under several sections of the B.N.S. 2023, including assault and criminal intimidation. He claimed innocence, asserted that both parties sustained injuries, and that a counter‑case (Case No.191) had been filed by his side. The petition noted that he had no prior criminal record and had not previously applied for anticipatory or regular bail. The State opposed the bail on the ground of the seriousness of the charges. Considering the simple nature of the injuries, the existence of a counter‑case, and the petitioner’s clean record, the court granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S. 2023, including cancellation if antecedents are later discovered.

Issues considered

  • Whether bail should be granted in a case involving multiple offences arising from a land dispute with simple injuries.
  • Whether the petitioner’s failure to seek anticipatory bail earlier precludes the grant of regular bail.
  • Whether conditions under Section 482(2) of the B.N.S. 2023 are appropriate for this bail order.

Subjects

  • bail
  • land dispute
  • simple injury
  • criminal antecedents
  • Section 482
  • B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.679 of 2026
                        Arising Out of PS. Case No.-190 Year-2025 Thana- JALE District- Darbhanga
                 ======================================================
                 Nawal Kishor Mahto @ Naval Kishor Mahato @ Nawal Mahto, S/o Sakaldev
                 Mahto, Resident of Village - Bandhauli Tola, P.S - Jale, District – Darbhanga.

                                                                                      ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Saurav Anand, Advocate
                 For the State            :        Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   28-01-2026                          Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Jale P.S. Case No.190 of 2025,

                   dated.09.10.2025, registered for the offences punishable under

                   Sections 191(2), 115(2), 126(2), 118(1), 109, 75, 303(2), 324(4),

                   352, 351(2) of the B.N.S., 2023.

                                3. As per allegation, altercation took place between

                   the informant’s side and the Petitioner’s side on account of land

                   dispute, causing simple injury on the person of the Informant

                   and his family members.

                                4. Learned counsel for the petitioner submits that the

                   Petitioner is innocent and has falsely been implicated in this

                   case. He further submits that on account account of land dispute
Patna High Court CR. MISC. No.679 of 2026(2) dt.28-01-2026
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          altercation took place, in which both the sides got injury and the

          case and counter case from both the sides. The counter case

          filed by the Petitioner’s side bears Jale P.S. Case No.191 of

          2025.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedents.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the case and counter case and simple

          nature of injury caused, this petition is allowed, directing the

          petitioner, above-named, to be enlarged on bail, in the event of

          his arrest or surrender before the court below within a period of

          eight weeks from the date of receipt / production of a copy of

          this order, on his furnishing bail bonds in the sum of Rs.

          10,000 /- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned concerned Court below, in

          connection with Jale P.S. Case No.190 of 2025, subject to the

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

          2023, and on the following conditions:
            Patna High Court CR. MISC. No.679 of 2026(2) dt.28-01-2026
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                                   (i) In case, it is brought to the notice of the court

                      below that the petitioner has any criminal antecedents, learned

                      court below shall cancel the bail bonds of the petitioner after

                      hearing him and getting satisfied that the petitioner has

                      concealed his criminal antecedents despite his knowledge of the

                      same.

                                   (ii) In case, it is brought to the notice of the court

                      below that statement regarding previous bail petition is wrong,

                      learned court below shall cancel the bail bonds of the petitioner.



                                                                         (Jitendra Kumar, J.)
Chandan/-

U     T


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