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Patna High Court

Brajesh MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Brajesh Mahto was arrested in connection with a case of assault with a sword that caused simple injury to the victim, charged under Sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the B.N.S., 2023. He applied for regular bail, claiming innocence and pointing out that the medical report described the injury as simple and caused by a blunt object. The State opposed the bail application. The Court considered the nature of the injury, the period of custody since 17‑10‑2025, and the fact that the offence involved only simple injury, and consequently allowed the bail application. The petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties of the same amount. The Court clarified that its observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether regular bail should be granted to the accused in a case of assault with a sword causing simple injury under the specified sections of the B.N.S., 2023.

Legislation cited

Subjects

  • regular bail
  • assault
  • simple injury
  • B.N.S. 2023
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7203 of 2026
                     Arising Out of PS. Case No.-120 Year-2025 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
                 Brajesh Mahto S/O Ramnath Mahto R/O Village- Bariaria, P.S-
                 Sangrampur,Dist. East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Roshan Kumar, Advocate
                 For the Opposite Party/s :      Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   09-04-2026                    Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sangrampur P.S. Case No. 120 of 2025 registered for the

                   offence under Sections 126(2)/115(2)/118(1)/109/352/3(5) of

                   the B.N.S., 2023.

                                3. The petitioner is accused of assaulting the victim

                   with the sword causing simple injury.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 17.10.2025. He further submits

                   that the injury report shows that the victim has sustained simple

                   injury caused by hard and blunt substance.
            Patna High Court CR. MISC. No.7203 of 2026(4) dt.09-04-2026
                                                        2/2




                                   5. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case and also the fact that injury is found to be simple in

                      nature, period of custody, this application for grant of regular

                      bail is allowed.

                                   7. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned J. M. 1st Class, East Champaran,

                      Motihari/concerned           court      below       in   connection   with

                      Sangrampur P.S. Case No. 120 of 2025.

                                   9. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                 (Sandeep Kumar, J)

Ranjeet/-

U      T


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