Patna High Court
BHOLA MAHTOversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted subject to a bond of Rs.10,000 and two sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Bhola Mahto, filed a bail petition after being implicated in a FIR alleging assault on the head of the informant’s son, with injuries described as simple. The FIR charges him under IPC sections 341, 323, 324, 325, 307, 504, 506 and 34. The petitioner asserted a clean antecedent and the State opposed bail. The Court examined the nature and seriousness of the alleged injuries, the petitioner’s prior record, and the statutory provisions governing bail. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions. The petition was disposed with bail granted.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences listed in the FIR
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits bail in the present circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 307, 323, 324, 325, 34, 341, 504, 506
Subjects
- bail
- Indian Penal Code
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76257 of 2025
Arising Out of PS. Case No.-123 Year-2024 Thana- RAMGARHWA District- East
Champaran
======================================================
BHOLA MAHTO S/o RAMJEEVAN MAHTO R/o vill - Siswaniya, P.S.-
Ramgarhwa, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manjeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 341 , 323 , 324, 325 ,
307, 504, 506 and 34 of IPC .
3 . As per F.I.R. informant alleged that this petitioner
assaulted on the head of son of informant by means of farsa due
to which he sustained injury . Doctor has found the injury
simple in nature . Petitioner claims clean antecedent.
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, nature of injujry ,
clean antecedent of the petitioner and other circumstances of
Patna High Court CR. MISC. No.76257 of 2025(2) dt.16-01-2026
2/2
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 CJM Motihari in connection with Ramgarhwa P.S.
Case No. 123 of 2024 , 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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