Patna High Court
Lalbihari MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that the petitioners are entitled to anticipatory bail subject to the conditions imposed under Section 438(2) of the Code of Criminal Procedure, 1973 read with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Lalbihari Mahato, Kiran Kumari and Sharda Devi, sought anticipatory bail fearing arrest in a case (G.B. Nagar PS Case No. 482 of 2025) alleging assault under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution, based on the informant’s complaint, claimed the petitioners participated in a family dispute that escalated into a violent assault causing injuries. The petitioners contended they were falsely implicated due to a personal feud and highlighted the simplicity of the injuries and their clean or minimal criminal records. The State opposed bail, arguing the seriousness of the offences and the petitioners’ alleged involvement. The court, after considering the facts and submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and specific conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order emphasized that any observations made would not affect the trial and that bail could be cancelled for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 B.N.S.S. despite the assault allegations.
- Whether the petitioners' alleged false implication and prior criminal antecedents preclude the grant of bail.
- Whether the court may impose conditions such as surety, personal appearance and verification of antecedents on anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- false implication
- family dispute
- criminal antecedent
- Section 438 CrPC
- Section 482 B.N.S.S.
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8388 of 2026
Arising Out of PS. Case No.-482 Year-2025 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
1. Lalbihari Mahato S/o Late Ramlal Mahato
2. Kiran Kumari D/o Lalbihari Mahato
3. Sharda Devi W/o Lalbihari Mahato
All are R/o vill - Chauki Hasan, P.S.- Gautam Budh Nagar, Distt.- Siwan,
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarendar Kumar, Adv.
For the Informant : Mr. Rajeev Ranjan, Adv.
For the State : Mr(s). Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with G.B. Nagar P.S. Case No. 482 of 2025
registered for the offence(s) under Section(s) 126(2), 115(2),
118(1), 109, 74, 352, 351(2) and 3(5) of the Bharatiya Nyaya
Patna High Court CR. MISC. No.8388 of 2026(2) dt.17-02-2026
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Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the informant has
alleged that some boys were quarreling and when her father-in-
law went to pacify the matter, the accused persons started
assaulting and when halla was raised, it is alleged that the entire
family was assaulted with lathi-danda etc., causing injury on the
head of the informant.
4. The learned counsel for the petitioners submits that
the petitioners have falsely been implicated on account of
family dispute between the informant and the petitioners. It has
been submitted that besides the present case, there are three
criminal cases between the same parties of the year 2017. It has
further been submitted that there is no specific allegation of
assault on any one of the petitioners and from perusal of the
injury report, which has been brought on record, it would be
evident that the said injuries were found to be simple in nature.
It has next been submitted that petitioner Nos. 2 and 3 are ladies
and they have falsely been implicated only to settle personal
scores. It has lastly been submitted that the petitioner No. 2 has
clean antecedent, whereas petitioner Nos. 1 and 3 carries two
and three criminal antecedents respectively against their names
and in all such cases, they are on bail.
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5. The learned A.P.P. for the State as also the learned
counsel appearing on behalf of the informant have vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners and have submitted that the petitioners were involved
in assault, resulting in injuries upon the informant and others. It
has also been submitted that there is a long list of cases pending
between the parties and on account of the same, the petitioners
had taken law in their hands.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioners, above-named, be released on anticipatory bail, in
the event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on their furnishing bail bond in the sum of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the concerned Court/successor Court where
the case is pending in connection with G.B. Nagar P.S. Case No.
482 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioners shall be their
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close relative and the other shall be a local resident.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioners and in case, at any stage, it is
found that he has concealed their criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of their bail bond. However, the acceptance of bail bond
in terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
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