Patna High Court
Ganesh Kumar Mahto @ Arun Kumar @ Ganesh Kumar MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond and conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Ganesh Kumar Mahto filed a bail petition after being charged in a case arising from a land‑dispute fight that resulted in minor injuries to the parties. The FIR listed offences under sections 126(2), 115(2), 351(2), 352, 109, 118(1), 329(3), 324(4), 324(5), 303(2) and 191(2) of the Bharatiya Nagarik Suraksha Sanhita (BNS). The State opposed the bail, arguing the seriousness of the charges, while the petitioner contended that the injuries were simple and co‑accused had already been released on bail. The Court examined the nature of the injuries, the ongoing land dispute, and the precedent of bail granted to co‑accused in Cr. Misc. No. 72288 of 2025. Relying on section 482(2) of the BNS, the Court held that bail could be granted subject to a bond of Rs 10,000 and two sureties. Accordingly, the petition was disposed by granting bail with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the multiple serious charges under the BNS.
- Whether the nature of the injuries and the land‑dispute context justify bail.
- Whether bail can be conditioned under section 482(2) of the BNS.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115, 118, 126, 191, 303, 324, 329, 351, 352, 482
Subjects
- bail
- land dispute
- criminal law
- Bharatiya Nagarik Suraksha Sanhita
- section 482(2)
- injury
- arrest
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71457 of 2025
Arising Out of PS. Case No.-204 Year-2025 Thana- BAHERA District- Darbhanga
======================================================
Ganesh Kumar Mahto @ Arun Kumar @ Ganesh Kumar Mahato S/O Bauelal Mahto
@ Bauelal Mahato @ Baue Lal Mahto Village- Sher Bijuliya, Police Station- Bahera,
District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),
351 ( 2 ), 352, 109, 118 (1) , 329 (3), 324 ( 4 ), 324 (5), 303 ( 2 )
and 191 ( 2 ) of BNS.
3 . As per F.I.R. during measurement and
demarcation of land, a free fight took place in which both sides
sustained injuries. Case and counter case . Admittedly, there is
land dispute between the parties and both parties are in litigating
terms with each other. Injuries sustained by the injured are
simple in nature . Similarly situated co-accused persons have
already been granted bail by this Hon’ble court vide order dated
15.10.2025 passed in Cr. Misc. No. 72288 of 2025 .
Patna High Court CR. MISC. No.71457 of 2025(4) dt.13-01-2026
2/2
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, nature of injury
and other circumstances of the case , in the event of arrest or
surrender within eight weeks from today, let the petitioner, as
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Chief Judicial
Magistrate Benipur Darbhanga in connection with Bahera P.S.
Case No. 204 of 2025 , subject to the conditions laid down
under section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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