Patna High Court
Arvind Kumar Mahto @ Arvind Kumar @ Ramesh Kumar Mahato @ Arvind Kumar MahatoversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions imposed.
Summary
The petitioners, a group of residents of Sher Bijuliya, applied for anticipatory bail after a FIR was lodged alleging they assaulted an informant with an iron rod and stole ornaments worth Rs. 50,000, invoking several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution’s case described a violent incident during a land‑measurement dispute, while the petitioners contended that the altercation was a mutual free fight arising from the land dispute and that no specific overt act could be linked to them. They also pointed out that a co‑accused, Ganesh Kumar Mahto, had already been granted anticipatory bail in a related matter. The State and the informant opposed the bail application. Considering the nature of the allegations, the injuries sustained and the existence of a case‑and‑counter‑case, the Court allowed anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 191(2), 303(2), 324(4), 324(5), 329(3), 351(2), 352
Subjects
- anticipatory bail
- assault
- land dispute
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77311 of 2025
Arising Out of PS. Case No.-204 Year-2025 Thana- BAHERA District- Darbhanga
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1. Arvind Kumar Mahto @ Arvind Kumar @ Ramesh Kumar Mahato @
Arvind Kumar Mahato S/O Bauelal Mahto @ Bauelal Mahato @ Baue Lal
Mahto Resident of Village- Sher Bijuliya, P.S.- Bahera, Dist.- Darbhanga
2. Ashutosh Kumar @ Ashutosh Mahato @ Sethiya @ Asutosh Mahto @
Aashutosh Kumar Son of Bauelal Mahto @ Bauelal Mahato @ Baue Lal
Mahto, Resident of Village- Sher Bijuliya, P.S.- Bahera, Dist.- Darbhanga
3. Sandipan Kumar @ Sandipan Kumar Mahato @ Sadipan Kumar @ Sadipan
Kumar Son of Sanjay Mahto @ Sanjay Mahato, Resident of Village- Sher
Bijuliya, P.S.- Bahera, Dist.- Darbhanga
4. Bauelal Mahto @ Bauelal Mahato @ Baue Lal Mahto Son of Kate Doman
Mahato @ Lt. Doman Mahato @ Doman Mahto Resident of Village- Sher
Bijuliya, P.S.- Bahera, Dist.- Darbhanga
5. Sanjay Mahto @Sanjay Mahato @ Shiv Chandra Prasad Son of Bauelal
Mahto @ Bauelal Mahato @ Baue Lal Mahto Resident of Village- Sher
Bijuliya, P.S.- Bahera, Dist.- Darbhanga
6. Golu Kumar @ Sushant Kumar Son of Sushil Mahto @ Sushil Mahato,
Resident of Village- Sher Bijuliya, P.S.- Bahera, Dist.- Darbhanga
7. Shivrajit Kumar @ Shivrajit Kushwaha Son of Sushil Mahto @ Sushil
Mahato Resident of Village- Sher Bijuliya, P.S.- Bahera, Dist.- Darbhanga
8. Suman Kumar @ Suman Kumar Mahato @ Suman Kumar Mahto @ Shiv
Ranjan Kushwaha Son of Sanjay Mahto @ Sanjay Mahato Resident of
Village- Sher Bijuliya, P.S.- Bahera, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
For the Informant : Mr. Subhash Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 18-03-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
Patna High Court CR. MISC. No.77311 of 2025(4) dt.18-03-2026
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the offences punishable under Sections 126(2), 115(2), 351(2),
352, 109, 118(1), 329(3), 324(4), 324(5), 303(2) and 191(2) of
the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per prosecution case, all the F.I.R. named
accused persons, including these petitioners, assaulted informant
and others by means of iron rod. It is further alleged that the
accused persons entered the house the house of informant and
took away ornaments worth Rs. 50,000/-.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. During
measurement and demarcation of land, a free fight took place
between the parties in which both sides inflicted injuries on each
other. Allegation of assault is general and omnibus and there is
no specific allegation of overt act against these petitioners.
Injuries sustained by the injured are simple in nature. Case and
counter case. Admittedly, there is land dispute between the
parties and both parties are in litigating terms with each other.
Rest of the allegations are ornamental only to make the case
grave. Similarly situated co-accused, namely, Ganesh Kumar
Mahto has already been granted anticipatory bail by this Court
vide order dated 13.01.2026 passed in Cr. Misc. No. 71457 of
2025.
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5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation, injuries and
case and counter case, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate, Benipur, Darbhanga in connection with Bahera P. S.
Case No. 204 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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