Patna High Court
Suresh Mahto @ Suresh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions imposed.
Summary
The petitioners, Suresh Mahto and Avinash Kumar, were accused of assaulting individuals with a weapon (Hasuli) under multiple sections of the Bharatiya Nyaya Sanhita. They claimed innocence, stating the incident arose from a petty village dispute resulting in simple injuries on both sides. The State opposed their anticipatory bail application, arguing the seriousness of the offences. The Court, considering the nature of the allegations, the minor injuries, and the existence of a counter‑case, granted anticipatory bail subject to a bail bond of Rs 10,000 each with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that if arrested within eight weeks, the petitioners be released on bail upon compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the alleged offences under the Bharatiya Nyaya Sanhita warrant immediate arrest
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are satisfied
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84163 of 2025
Arising Out of PS. Case No.-206 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
======================================================
1. Suresh Mahto @ Suresh Chaudhary S/O- Babu Lal Mahto R/Vill.-
Chaksaho, P.S.- Shahpur Patori, Dist- Samastipur
2. Avinash Kumar @ Avinash Chaudhary S/O- Suresh Chaudhary @ Suresh
Mahto R/Vill.- Chaksaho, P.S.- Shahpur Patori, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 16-03-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 190, 126(2),
115(2), 109, 303(2), 352, 351(2) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., petitioner no. 1 assaulted one Pankaj
Sah with Hasuli and petitioner no. 2 assaulted informant and his
nephew with Hasuli.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Informant and petitioners are co-villagers and due to petty
Patna High Court CR. MISC. No.84163 of 2025(4) dt.16-03-2026
2/2
dispute, an altercation took place in which both sides sustained
injuries. Injuries sustained by the injured are simple in nature.
Case and counter case.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries and
case and counter case, 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 Additional Chief Judicial
Magistrate, Shahpur Patori, Samastipur in connection with
Shahpur Patori P. S. Case No. 206 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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