Patna High Court
Nawal Kishor Mahto @ Naval Kishor Mahato @ Nawal MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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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