Created by Fuzzy Cloud

Patna High Court

Sunil MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, granting it subject to specified conditions.

Summary

The petitioner, Sunil Mahto, sought anticipatory bail fearing arrest in Bakhri Police Station Case No. 287 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner fired a pistol at an informant, assaulted him with the butt of the weapon causing a head injury, and, along with co‑accused, stole the informant’s mobile phone and bicycle. The petitioner contended that the incident never occurred, the injury was simple, and the allegation of firing was unsupported, while also noting his two prior criminal antecedents. The State opposed bail, arguing the petitioner attempted to kill the informant. After considering the facts, the court granted anticipatory bail subject to conditions under Section 438(2) of the Code of Criminal Procedure read with Section 482(2) of the Bharatiya Nyaya Sanhita. The order also stipulated bail bond requirements and conditions for cancellation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite serious allegations under the Bharatiya Nyaya Sanhita.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
  • Whether the allegations of firing a pistol and assault are sufficient to deny bail under Section 438 CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • criminal antecedent
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81982 of 2025
                      Arising Out of PS. Case No.-287 Year-2025 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Sunil Mahto, Son of Shiv Dayal Mahto, R/o Karaitar, P.S. - Bakhri, Dist -
                 Begusarai.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nakul Kumar Jamuar, Advocate
                 For the Opposite Party/s :        Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Bakhri P.S. Case No. 287 of 2025 registered for the offences

                   under Sections 126(6), 115(2), 109(1), 303(2), 351(2), 352(3),

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant has

                   alleged that while he was going to his home, the named accused

                   persons, including the petitioner, stopped him and the petitioner

                   is said to have fired from his pistol, which did not hit him,

                   however, he was assaulted by the butt of the said pistol, causing

                   head injury. It is further alleged that the other co-accused

                   persons snatched away his mobile and bicycle.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.81982 of 2025(2) dt.15-01-2026
                                            2/3




          petitioner has falsely been implicated in this case and no such

          incident as alleged has occurred. It has further been submitted

          that from perusal of the injury report, which has been referred to

          in the impugned order, it would be evident that the injury was

          found to be simple in nature and the allegation of firing is also

          not supported. It has next been submitted that the petitioner has

          two criminal antecedents in which he is on bail in one of the

          cases, while in the other case he was not sent up for trial.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail and has stated that the petitioner

          had tried to kill the informant, as he had fired upon him.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Bakhri P.S. Case No. 287 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.
              Patna High Court CR. MISC. No.81982 of 2025(2) dt.15-01-2026
                                                          3/3




                        as well as subject to the following conditions:-

                                        (i) One of the bailors of the petitioner shall be his close
                                        relative.
                                        (ii) The petitioner shall remain physically present in
                                        Court on each date of the trial.
                                        (iii) In case of absence on two consecutive dates, or in
                                        violation of the terms of the bail, the bail bond of the
                                        petitioner will be liable to be cancelled by the Court
                                        concerned.
                                        (iv) If the petitioner is found involved in similar nature
                                        of offence in future, the prosecution shall be at liberty
                                        to move for cancellation of his bail bond.
                                        (v) The learned Court below shall verify the criminal
                                        antecedent of the petitioner and in case at any stage it is
                                        found that the petitioner has concealed his criminal
                                        antecedent, the court below shall take step for
                                        cancellation of bail bond of the petitioner. However, the
                                        acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.

                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.