Patna High Court
Awdesh Mahto @ Awdhesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
2/3
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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