Patna High Court
Parmeshwar Mahto @ Prmeshvar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail could be granted because the injuries were simple, the petitioners had clean antecedents, and there existed a case and counter‑case, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Petitioners Parmeshwar Mahto and his sons were implicated in a FIR arising from a land dispute that led to an altercation with the informant's family. The FIR alleged offences under multiple sections of the Bharatiya Nyaya Sanhita, including assault and criminal intimidation. The petitioners applied for anticipatory bail, asserting that the injuries were simple, both parties had a case and counter‑case, and they possessed clean antecedents. The informant opposed the bail, but the court considered the nature of the accusations, the modest severity of injuries, and the petitioners' clean record. Consequently, the court granted anticipatory bail, directing the petitioners to surrender within eight weeks and furnish a bail bond with sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged offences.
- Whether the nature of the alleged offences and the simple injuries justify the grant of bail despite the FIR.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 351(3), 352, 74
Subjects
- anticipatory bail
- land dispute
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83880 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
1. Parmeshwar Mahto @ Prmeshvar Mahto S/o Late Runa Mahto R/o Village -
Maniyar Par, P.S - Mohiuddin Nagar, District - Samastipur
2. Shankar Mahto S/o Parmeshwar Mahto @ Prmeshvar Mahto R/o Village -
Maniyar Par, P.S - Mohiuddin Nagar, District - Samastipur
3. Ranjan Kumar S/o Parmeshwar Mahto @ Prmeshvar Mahto R/o Village -
Maniyar Par, P.S - Mohiuddin Nagar, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P.
For the Informant : Mr. Ujjwal Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 17-03-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
117(2), 74, 109(1), 352, 351(2), 351(3), 3(5) of the Bharatiya
Nyaya Sanhita.
3. As per F.I.R., on the alleged date and time, when
informant was at his door, all the F.I.R. named accused persons,
including these petitioners, came there and owing to the
previous dispute, altercation took place in which it is alleged
that petitioner no. 1 assaulted the sons of informant and
Patna High Court CR. MISC. No.83880 of 2025(3) dt.17-03-2026
2/2
petitioner nos. 2 and 3 assaulted informant with hasua and daab.
4. Learned counsel for the petitioners submits that on
account of land dispute between the parties, altercation took
place in which both sides sustained injuries. Injuries sustained
by the injured are simple in nature. Case and counter case.
Petitioners claim clean antecedent.
5. Learned counsel for the informant vehemently
opposed the bail application.
6. Considering the nature of accusation, injuries case
and counter case and clean antecedent, 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 Sub-
Divisional Judicial Magistrate, Samastipur in connection with
Mohiuddinagar P. S. Case No. 88 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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