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Patna High Court

Arvind Kumar Mahto @ Arvind Kumar @ Ramesh Kumar Mahato @ Arvind Kumar MahatoversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




          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.
              Patna High Court CR. MISC. No.77311 of 2025(4) dt.18-03-2026
                                                          3/3




                                     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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