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Patna High Court

Dinesh MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted as the allegations and injury report established a prima facie case against the petitioner.

Summary

The petitioner, Dinesh Mahto, applied for anticipatory bail after an FIR (Majhauliya PS Case No. 265 of 2025) was lodged under several provisions of the Bhartiya Nayay Sanhita, 2023, alleging assault, outraging modesty, and theft. The prosecution alleged that the petitioner struck the informant twice and participated in a scuffle that resulted in injuries to the victim's parietal region and thumb. The petitioner contended that he has no prior criminal record and that the incident was a minor dispute among children that was exaggerated in the FIR. The court examined the injury report, which corroborated the seriousness of the injuries and supported the prosecution's allegations. Considering the nature of the offenses and the evidentiary support, the court held that there was no ground to grant anticipatory bail and consequently rejected the petitioner's application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bhartiya Nayay Sanhita, 2023 in view of the alleged offenses.
  • Whether the injury report substantiates the allegations made in the FIR.
  • Whether the petitioner’s lack of prior criminal record warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • outraging modesty
  • injury report
  • criminal procedure
  • Bhartiya Nayay Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74670 of 2025
                 Arising Out of PS. Case No.-265 Year-2025 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Dinesh Mahto S/o Belash Mahto R/o Village- Gora Semra, Ward No. 14, P.S.-
                 Majhauliya, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sunil Kumar No.3, Advocate
                 For the Opposite Party/s :      Mr.Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   20-02-2026                  Heard Mr. Sunil Kumar No.03, learned counsel for

                   the petitioner and the State.

                                2. The petitioner is apprehending arrest in connection

                   with Majhauliya P.S. Case No. 265 of 2025 instituted under

                   Sections 329(3), 126(2), 115(2), 118(2), 109(1), 76, 303(2), 352

                   and 3(5) of the Bhartiya Nayay Sanhita, 2023                       lodged on

                   06.05.2025 by the informant, Rinku Devi.

                                3. As per the prosecution story, in brief, is that on a

                   petty issue of fight between the children, the elders came in and

                   the allegation against this petitioner(herein) that he twice gave

                   farsa blow to the lady-informant. Further, allegation is against

                   other accused persons of giving ‘lathi’ blow and outraging the

                   modesty beside taking away the ornaments/cash. This led to the

                   FIR.
             Patna High Court CR. MISC. No.74670 of 2025(3) dt.20-02-2026
                                                         2/2




                                    4. Learned counsel for the petitioner submits that he

                       do not have criminal antecedent and it was a petty fight between

                       the children, scuffle took place thereafter between the elders

                       which led to the exaggerated FIR.

                                    5. In this case, a coordinate bench had called for the

                       case and the injury report.

                                    6. Learned APP on the other hand with the help of

                       injury report has shown that injuries are on the parietal bone

                       near the eyes as also the thumb.

                                    7. Taking into account the aforesaid facts/submissions

                       and the allegation in the FIR being supported by the injuries, no

                       case of anticipatory bail is made out.

                                    8. Accordingly, the anticipatory bail application stands

                       rejected.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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