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Patna High Court

Awdesh Mahto @ Awdhesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioners were charged in Sonepur Police Station Case No.517 of 2025 for offences under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the B.N.S., 2023, alleged to have entered an informant's house to steal goats and assaulted her with a gamcha. They contended that the case was false, stemming from prior enmity, and that the injury was simple. The petitioners had not previously applied for anticipatory or regular bail; two of them had no criminal antecedents, while one had been accused in two other cases. The State opposed bail. The High Court, considering the alleged false nature of the complaint and the simple injury, granted bail subject to a bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the B.N.S., 2023.

Issues considered

  • Whether bail should be granted in a case involving offences under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the B.N.S., 2023 given the alleged simple injury and prior enmity.
  • Whether the petitioners' prior criminal antecedents affect their eligibility for bail.

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2)

Subjects

  • bail
  • criminal procedure
  • false case
  • enmity
  • simple injury
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.701 of 2026
                        Arising Out of PS. Case No.-517 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Awdesh Mahto @ Awdhesh Kumar, S/o Late Dhora Mahto, R/o vill -
                  Sabalpur Chaily Tola, (Balua Tola), P.S.- Sonpur, distt.- Saran
           2.    Raju Mahato, S/o Tulsee Mahto, R/o vill - Sabalpur Chaily Tola, (Balua
                 Tola), P.S.- Sonpur, distt.- Saran.
           3.    Sudha Devi, W/o Late Dhora Mahto, R/o vill - Sabalpur Chaily Tola, (Balua
                 Tola), P.S.- Sonpur, distt.- Saran.

                                                                                    ... ... Petitioners
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Nitish Kumar, Advocate
                 For the State            :        Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

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

                   learned APP for the State.

                                2. The present petition has been filed on behalf of the

                   petitioners, apprehending their arrest, in connection with

                   Sonepur PS. Case No.517 of 2025 dated-27.05.2025, registered

                   for the offences punishable under Sections 126(2), 115(2), 109,

                   352, 351(2) and 3(5) of the B.N.S., 2023.

                                3. As per allegation, all the three Petitioners entered

                   the house of the Informant with intent to steal her goats and on

                   protest, she was assaulted by them by putting gamcha around

                   her neck.
Patna High Court CR. MISC. No.701 of 2026(2) dt.28-01-2026
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                       4. Learned counsel for the petitioners submit that the

          Petitioners are innocent and have falsely been implicated in this

          case. He further submits that as a matter of fact, the Petitioners

          and the Informant side are on inimical terms. Previously, two

          criminal cases have been filed by the Informant side, one by the

          informant herself and the other by her brother against the

          Petitioner No.2. Hence, this false case has been lodged. He also

          submits that the alleged injury is simple in nature.

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

          petition that the petitioners have 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

          petition that the petitioner Nos.1 & 3 have no criminal

          antecedents, whereas the Petitioner No.2 has been made accused

          in two other cases.

                       7. Learned APP for the State vehemently opposes the

          prayer of the Petitioner for bail.

                       8. Considering the previous enmity and simple nature

          of injury caused, this petition is allowed, directing the

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

          their arrest or surrender before the court below within a period

          of eight weeks from the date of receipt / production of a copy of
            Patna High Court CR. MISC. No.701 of 2026(2) dt.28-01-2026
                                                        3/3




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

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

                      amount each to the satisfaction of learned concerned Court

                      below, in connection with Sonepur PS. Case No.517 of 2025,

                      subject to the conditions as laid down under Section 482 (2)

                      B.N.S.S., 2023 and on the following conditions:

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

                      below that the petitioners have any criminal antecedents,

                      learned court below shall cancel the bail bonds of the petitioners

                      after hearing them and getting satisfied that the petitioners have

                      concealed their criminal antecedents despite their 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

                      petitioners.



                                                                         (Jitendra Kumar, J.)
Chandan/-

U     T


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