Patna High Court
Sunny Mahto @ Utkarsh RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail may be granted in the case subject to a bond of Rs.10,000, two sureties and compliance with the conditions of section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioner Sunny Mahto sought bail in a criminal case registered under IPC sections 341, 323, 379, 307 and 34, alleging that he and co‑accused assaulted an informant who later sustained simple injuries. The FIR described a waylaying and assault with a wicket. Counsel for the petitioner argued that the assault allegation was general and the injury was minor, while the State opposed bail. The Patna High Court considered the nature of the injury, the seriousness of the offences and the circumstances, and ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order was conditioned on surrender within eight weeks and compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted in a case involving offences under sections 341, 323, 379, 307 and 34 of the IPC.
- Whether the nature and extent of the injury and the surrounding circumstances justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 379
Subjects
- bail
- IPC
- assault
- common intention
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8072 of 2026
Arising Out of PS. Case No.-198 Year-2024 Thana- JAGDISHPUR District- Bhojpur
======================================================
Sunny Mahto @ Utkarsh Raj S/o Dineshwar Prasad Singh @ D.P Singh R/o
Village - Bairahi, P.S - Jagdishpur, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad , Advocate
For the Opposite Party/s : Mr. Sharda Kumari , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 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 , 379, 307
and 34 of IPC .
3 . As per F.I.R, informant alleged, this petitioner
along with other co-accused persons and 5 unknown boys
waylaid informant and assaulted him by means of wicket, as a
result of which informant sustained injuries.
4. Learned counsel for the petitioner submitted that
allegation of assault is general and omnibus against this
petitioner. Doctor has found the injury simple in nature .
5. Learned counsel for the State opposed the bail
petition .
Patna High Court CR. MISC. No.8072 of 2026(2) dt.20-02-2026
2/2
6 . Considering the aforesaid facts, nature of injury
and other circumstances of 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 ACJM - 1 st Class Bhojpur
in connection with Jagdishpur P.S. Case No. 198 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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