Patna High Court
Vindeshwari MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted because the nature of the accusation and the simple injury did not justify denial, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Vindeshwari Mahato, applied for anticipatory bail after an FIR alleged that she assaulted an informant with a bhala, invoking multiple offences under the Bharatiya Nyaya Sanhita. The petitioner contended that she was innocent and that any injury caused was simple in nature. The State opposed the bail, arguing the seriousness of the charges. The court examined whether the nature of the accusation and the alleged injury justified denial of bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Finding that the injury was minor and the petitioner’s claim of innocence credible, the court allowed anticipatory bail with a bond and surety conditions. The order directed that if arrested within eight weeks, the petitioner be released on bail upon furnishing the required bond and sureties.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in the present case.
- Whether the alleged assault and the listed offences under the Bharatiya Nyaya Sanhita warrant denial of anticipatory bail.
- Whether the nature of the injury (simple) and the petitioner’s claim of innocence justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bharatiya Nyaya Sanhita — s. 109, 115, 118, 127, 191, 3, 303, 351, 352, 76
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
- simple injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8522 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
Vindeshwari Mahato S/o Late Mahendra Mahato R/o Village- Shiswa Shob,
P.S- Kalyanpur, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 127(2),
115(2), 118(1), 109, 76, 303(2), 352, 351(2), 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner assaulted on the chest
of informant with bhala.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury,
allegedly, caused by the petitioner is simple in nature.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and injury,
this anticipatory bail is allowed and it is ordered that let the
Patna High Court CR. MISC. No.8522 of 2026(2) dt.23-02-2026
2/2
above named petitioner in the event of his 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) with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate, East
Champaran, Motihari in connection with Kalyanpur P. S. Case
No. 147 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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