Patna High Court
Sidheshwar @ Sidheshwar Mahto @ Sidheshwar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied anticipatory bail to the petitioner.
Summary
The petitioner, Sidheshwar Mahto, applied for anticipatory bail in connection with a case (PS. Case No. 258 of 2024) alleging assault causing grievous injury to his brother, the victim, under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner assaulted the victim, leading to serious injuries. The High Court examined whether anticipatory bail was appropriate given the nature and gravity of the offences. Considering the seriousness of the alleged assault, the Court declined to grant anticipatory bail. The petitioner was ordered to surrender within two weeks to seek regular bail, with a warning that failure to do so would result in his arrest. The order was limited to the present application and does not prejudice future proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged assault and grievous injury.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal law
- assault
- grievous injury
- high court
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8835 of 2025
Arising Out of PS. Case No.-258 Year-2024 Thana- GOVINDPUR District- Nawada
======================================================
Sidheshwar @ Sidheshwar Mahto @ Sidheshwar Prasad Son of Late
Ramdhani Mahto Resident of Village- Dilhua (Delua), P.S.- Govindpur,
District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar
For the Opposite Party/s : Mr. Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 19-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Govindpur P.S. Case No. 258 of 2024 registered for offences
under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, though the petitioner is
the brother of the victim but he is alleged to have assaulted the
victim causing grievous injury on the head.
4. Considering the nature and gravity of the offence,
this Court is not inclined to grant the privilege of anticipatory
bail to the petitioner.
5. Accordingly, the application for anticipatory bail is
Patna High Court CR. MISC. No.8835 of 2025(8) dt.19-02-2026
2/2
hereby rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, failing which the Superintendent of Police, Nawada will
take all steps for the arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, Nawada through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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