Patna High Court
Kalu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court ordered anticipatory bail for the petitioners subject to a bail bond and conditions under the BNSS, 2023.
Summary
The petitioners, Kalu Mahto and his sons Ravi and Rohit, sought anticipatory bail after an FIR (Case No.214 of 2025) alleged they assaulted and robbed the informant's son, resulting in serious injuries and death. The petitioners contended that the incident was an accident, they merely safeguarded the victim's motorcycle, and they have no criminal record. The informant and the State opposed bail, asserting that witnesses corroborated the assault. The court examined the FIR allegations, the post‑mortem report indicating fatal injuries, and the petitioners' claim of innocence. Considering the circumstances, the court granted anticipatory bail subject to a bail bond of Rs.30,000 each and conditions under Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 2(1)(d) of the BNSS, 2023.
- Whether the allegations in the FIR constitute a cognizable offence justifying denial of bail.
- Whether the conditions imposed under Section 482(2) of the BNSS, 2023 are appropriate.
Legislation cited
- B.N.S., 2023 — s. 103(1), 115(2), 118(1), 126(2), 303(2), 3(5)
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- FIR
- assault
- robbery
- Section 2(1)(d)
- Section 482(2)
- Bihar
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76266 of 2025
Arising Out of PS. Case No.-214 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
1. Kalu Mahto S/o Late Dukharan Mahto R/O Village- Azizpur Chand, P.S.-
Mahisour, District- Vaishali
2. Ravi Mahto @ Ravi Kumar Mahto S/O Kalu Mahto R/O Village- Azizpur
Chand, P.S.- Mahisour, District- Vaishali
3. Rohit Mahto @ Rohit Kumar S/O Kalu Mahto R/O Village- Azizpur Chand,
P.S.- Mahisour, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Sinha, Adv.
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, Adv.
For the Informant : Mr.Shanti Bhushan Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 19-03-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The petitioners are apprehending arrest in
connection with Jandaha P.S. Case No.214 of 2025 lodged on
22.05.2025, for the offences punishable under Sections 126(2),
115(2), 118(1), 303(2) and 3(5) of the B.N.S., 2023 and added
Section 103(1) of the BNS.
3. As per the prosecution, FIR has been lodged against
three named accused persons (present petitioners) and five
unknown accused persons against whom there is allegation that
son of the informant was returning from his maternal uncle’s
house with cash Rs.1,50,000/- for marriage purpose, then the
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accused persons have assaulted him by lathi and brick and
snatched his motorcycle and cash money and injury has also
been taken place.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel also submits that from the contents of FIR, it becomes
clear that the alleged date of occurrence is 19.05.2025, whereas
FIR has been lodged on 22.05.2025. He further submits that the
allegation made in the FIR, is absolutely false and the actual
truth is otherwise.
5. Counsel further submits that it is true that the son of
informant had gone there by motorcycle, but accident took place
on the way due to which petitioner No.1 injured and due to this
accident, informant also injured and admitted to hospital. In
good gesture, petitioners had kept the motorcycle of the
accidental person at his house. He further submits that with the
help of villagers, the injured persons were admitted to hospital
and after information to the police, they informed to his family
members. When police has come, then interesting story has
come in which petitioners and his son were made accused.
6. Counsel submits that the criminal antecedent of the
petitioners is clean and petitioner No.1 is aged about 50 years.
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7. Learned counsel for the informant vehemently
opposes the prayer for bail and submits that all witnesses are
supportive that they had assaulted the informant’s son.
8. Learned APP for the State opposes the prayer for
bail of the petitioners.
9. From the record, it transpires to this Court from
post-mortem report that the injury was on the head but on the
other part of the body, it has been caused by hard and blunt
objects which resulted into his death.
10. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of C.J.M., Vaishali at Hajipur in connection with
Jandaha P.S. Case No.214 of 2025, subject to the conditions as
laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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