Patna High Court
Brajesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 352
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
Checking your session…