Patna High Court
Biram Mahto @ Biran Mahto @ Birendra MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Biram Mahto, sought anticipatory bail fearing arrest in a case registered under Sections 341, 323, 324, 307, 379, 506 and 34 of the Indian Penal Code. The FIR alleged that the co‑accused Jato Mahto assaulted the informant’s brother with a knife, while the petitioner was only described as the alleged order‑giver and had no direct allegation of assault against him. The petitioner asserted a clean antecedent and argued that the charge of assault did not pertain to him. The State opposed the bail, contending that the petitioner was implicated in the offences. The Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties of equal amount, and the condition that the petitioner surrender within eight weeks, invoking Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether the petitioner, alleged only as an order‑giver, is liable to be arrested under the offences listed in the FIR.
- Whether anticipatory bail should be granted in view of the nature of the alleged offences.
- Whether Section 482 of the B.N.S.S., 2023 can be invoked to impose conditions on the anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 506
Subjects
- anticipatory bail
- order-giver
- assault
- Indian Penal Code
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8483 of 2026
Arising Out of PS. Case No.-333 Year-2023 Thana- MUNGER MUFFASIL District- Munger
======================================================
Biram Mahto @ Biran Mahto @ Birendra Mandal S/O Late Saudi Mandal
R/O Village- Gogri, P.S- Gogri, District- Khagaria at Present Chandi Mahto
Tola, Tikarampur, P.S - Muffasil, District- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Shahid Anwar
For the Opposite Party/s : Mr.Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 341, 323, 324, 307,
379, 506, 34 of the Indian Penal Code.
3. As per F.I.R., on the instigation of this petitioner,
co-accused Jato Mahto assaulted informant’s brother with knife.
4. Learned counsel for the petitioner submits that as
per F.I.R. itself, specific accusation of assault is against co-
accused Jato Mahto. So far as this petitioner is concerned, there
is no allegation of assault against him. He is only alleged to be
order-giver. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
Patna High Court CR. MISC. No.8483 of 2026(2) dt.23-02-2026
2/2
6. Considering the aforesaid facts and circumstances,
in the event of arrest/surrender within a period of eight weeks
from today, let the above named petitioner be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Munger in connection with Munger
Muffasil P.S. Case No. 333 of 2023, subject to condition as laid
down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…