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Patna High Court

Manoj Kumar Mahto @ Manoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court denied anticipatory bail to petitioner 1 but granted anticipatory bail to petitioner 2 subject to specified conditions.

Summary

Manoj Kumar Mahto and Saroj Kumar Mahto were arrested in connection with a case involving the seizure of an informant's tractor and demand for ransom, during which they allegedly assaulted two individuals, causing grievous and simple injuries. The petitioners applied for anticipatory bail, arguing that a counter‑case existed and that they had suffered injuries as well. The State opposed, contending that serious assault charges under Sections 126(2), 115(2), 118(1), 117(2), 352, 351(1), 109 and 3(5) of the Bihar Negotiable Sale Act, 2023, and that CrPC Sections 82 and 83 had already been invoked, precluding bail. The Court denied anticipatory bail to petitioner 1, noting the grievous injury caused, but allowed him to seek regular bail upon surrender. Petitioner 2 was granted anticipatory bail on condition of surrender within four weeks, furnishing a bail bond of Rs 10,000 with two sureties, and compliance with Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the accused under Section 482(2) of the BNSS in view of the seriousness of the alleged assault.
  • Whether the existence of a counter‑case and injuries to the accused preclude anticipatory bail.
  • Whether the issuance of processes under CrPC Sections 82 and 83 bars the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • grievous injury
  • assault
  • Section 482
  • Criminal Procedure Code
  • bail conditions
  • counter case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85723 of 2025
                    Arising Out of PS. Case No.-281 Year-2024 Thana- KHANPURA District- Samastipur
                 ======================================================
           1.     Manoj Kumar Mahto @ Manoj Kumar Son of Ramnarayan Mahto Resident
                  of Village - Ward no. 04, Ranjitpur, P.O. and P.S. - Khanpur, District -
                  Samastipur.
           2.    Saroj Kumar Mahto @ Saroj Kumar Son of Ramnarayan Mahto Resident of
                 Village - Ward no. 04, Ranjitpur, P.O. and P.S. - Khanpur, District -
                 Samastipur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Praveen Ranjan, Adv.
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 For the Informant        :       Mr. Mahendra Pratap, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   05-01-2026                     Heard learned Advocate for the petitioners, learned

                   Advocate for the State as well as learned Advocate for the

                   informant.

                                2. The petitioners apprehend their arrest in connection

                   with Khanpur P.S. Case No.281 of 2024 registered for the

                   offences punishable under Sections 126(2), 115(2), 118(1),

                   117(2), 352, 351(1), 109 and 3(5) of the BNS, 2023.

                                3. On the fateful day, while the informant had sent his

                   tractor for some social work, in the meanwhile, he came to

                   know that all the accused persons including the petitioners

                   seized his tractor and demanded a ransom of Rs.2 lac. When the

                   informant reached at the spot, all of them started abusing him. It
Patna High Court CR. MISC. No.85723 of 2025(2) dt.05-01-2026
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          is specifically alleged that petitioner no.1 assaulted one Vijay

          Prasad with butt of the pistol over his head, whereas petitioner

          no.2 assaulted Vishwa Mohan Kumar over his head by means of

          iron rod, due to which both of them have sustained serious

          injuries.

                       4. Learned Advocate for the petitioners referring to

          the FIR contended that the present case is nothing but a counter

          blast to Khanpur P.S. Case No.282 of 2024; though it is

          instituted after the present case. However, this fact cannot be

          ruled out that the fardbeyan of petitioner no.1 was recorded in

          the emergency ward of Sadar Hospital, Samastipur in the

          evening of the fateful day itself. In the said incident, petitioner

          no.1 along with other persons have also sustained injuries and

          out of which one injury received by co-accused Dharmendra

          Kamat is found to be grievous in nature. It is further contended

          that other co-accused persons, namely, Ramnarayn Mahto,

          Dharmendra Mahto and Anil Kumar have been enlarged on

          anticipatory bail by a co-ordinate Bench of this Court in Cr.

          Misc. No.78184 of 2025 vide order dated 03.12.2025, taking

          note of the fact that there is a case and counter case and injuries

          have occurred on both the sides, besides the fact that in the

          event of declaration, it is not as if in all cases that there will be a
Patna High Court CR. MISC. No.85723 of 2025(2) dt.05-01-2026
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          total embargo on considering the application for grant of

          anticipatory bail application. The petitioners are the men of fair

          antecedent and they undertake that they will fully cooperate in

          the proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          as well as the learned Advocate for the informant vehemently

          opposed the bail application and submitted that specific

          accusation has been levelled against these two petitioners of

          causing assault to Vijay Prasad and Vishwa Mohan Kumar, out

          of which one has sustained grievous injury over his head. It is

          further contended that process under Sections 82 and 83 CrPC

          has already been issued and, as such, in view of the mandate of

          the Apex Court, the petitioners do not deserve the privilege of

          anticipatory bail.

                       6. Having considered the submissions set forth by the

          learned Advocate for the respective parties and taking note of

          specific nature of accusation against petitioner no.1, leading to

          grievous injury, this Court is not acceded to his prayer for grant

          of anticipatory bail. Accordingly, his prayer is rejected.

                       7. However, if petitioner no.1 surrenders before the

          court below within a period of four weeks from today and seeks

          regular bail, the same shall be considered on its own merit(s)
              Patna High Court CR. MISC. No.85723 of 2025(2) dt.05-01-2026
                                                          4/4




                        without being prejudiced by this order.

                                     8. So far petitioner no.2 is concerned, against whom it

                        is alleged that he has also assaulted one Vishwa Mohan Kumar

                        and the injuries have been found to be simple in nature and

                        other co-accused persons have also been allowed the privilege

                        of anticipatory bail taking note of the fact that they were

                        pursuing their remedy before this Court and the process has

                        been issued in the meanwhile, let the above named petitioner

                        no.2, be released on bail, in the event of his arrest or surrender

                        before the learned Court below within a period of four weeks

                        from today, on furnishing bail bond of Rs. 10,000/- (Ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of learned J.M.F.S., Samastipur in connection with

                        Khanpur P.S. Case No.281 of 2024, subject to the condition as

                        laid down under Section 482(2) of the BNSS, with further

                        condition that one of the bailors shall be the own/close family

                        members of the petitioners.



                                                    (Harish Kumar, J)
rohit/-

U         T


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