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Patna High Court

Manoj MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted; the application was dismissed.

Summary

The petitioner, Manoj Mahto, applied for anticipatory bail in connection with a case (PS Case No. 338 of 2025) alleging offences under sections 126(2), 115(2), 303(2), 109(1), 351(3), 352 and 3(5) of the B.N.S., 2023. The allegations involve assaulting a victim and causing grievous injury, and the petitioner is also implicated in two other criminal cases. The court examined the seriousness of the injury and the petitioner’s prior criminal antecedents. Considering the gravity of the offence and the existence of prior cases, the judge was not persuaded to grant anticipatory bail. Consequently, the application for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the alleged assault and his prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • criminal antecedents
  • B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81379 of 2025
                  Arising Out of PS. Case No.-338 Year-2025 Thana- MAJHAULIA District- West Champaran
                  ======================================================
                  Manoj Mahto S/o Dukhi Mahto R/o Village - Bathna, P.S - Majhauliya,
                  District - West Champaran.
                                                                        ... ... Petitioner
                                              Versus
                  The State of Bihar                            ... ... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner     :        Mr. Bimlesh Kumar Pandey, Advocate
                  For the Opposite Party :        Mr. Jagdhar Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    13-03-2026                   Heard learned counsel for the petitioner and learned

                    APP for the State.

                                   2.        This application for anticipatory bail arises

                    out of Majhauliya P.S. Case No.338 of 2025 for the offence

                    under sections 126(2), 115(2), 303(2), 109(1), 351(3), 352 and

                    3(5) of the B.N.S., 2023.

                                   3.        The petitioner is said to have assaulted the

                    victim causing grievous injury. The petitioner is accused in two

                    more criminal cases.

                                   4.        Considering the nature of injury sustained by

                    the victim and also the fact that the petitioner has two

                    antecedents, I am not inclined to grant anticipatory bail to the

                    petitioner. Accordingly, this bail application is dismissed.



                                                          (Sandeep Kumar, J)

pawan/-
U       T


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