Patna High Court
Naresh MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioners subject to bond and surety conditions.
Summary
The petitioners, Naresh, Chandan and Suresh Mahto, filed a bail application fearing arrest in Harlakhi P.S. Case No. 216 of 2025, which alleged assault causing simple injury under several provisions of the Bharatiya Nyaya Sanhita. The State opposed the bail, citing the seriousness of the offences listed. The Court noted that the injury was simple in nature and that a counter‑case also existed, factors that mitigated the risk of flight or tampering with evidence. Relying on the principles of bail under Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, the Court deemed bail appropriate. Consequently, the Court ordered that each petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the usual conditions. The order was made effective for six weeks from the date of the order.
Issues considered
- Whether bail should be granted to the petitioners accused of assault and other offences under the Bharatiya Nyaya Sanhita.
- Whether the nature of the injury and the existence of a counter‑case justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 127(2), 303(2), 3(5), 351(2), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 438(2), 482
Subjects
- bail
- simple injury
- assault
- counter case
- Bharatiya Nyaya Sanhita
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88414 of 2025
Arising Out of PS. Case No.-216 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
1. Naresh Mahto S/O Biltu Mahto Resident of Village- Naraila, P.S.- Harlakhi,
District- Madhubani
2. Chandan Mahto @ Chandan Kumar Mahto S/O Shivjee Mahto Resident of
Village- Naraila, P.S.- Harlakhi, District- Madhubani
3. Suresh Mahto S/O Panchlal Mahto Resident of Village- Naraila, P.S.-
Harlakhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Soban Asghar, Advocate
For the State : Mr.Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Harlakhi P.S. Case No. 216 of 2025 instituted under
Sections 127(2), 126(2), 115(2), 352, 351(2), 351(3), 109,
303(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. The petitioners are said to have assaulted the
victim causing simple injury.
4. There is a counter case also.
5. Considering the fact that the injury is simple in
nature and also the fact that there is a counter case also, this
Patna High Court CR. MISC. No.88414 of 2025(2) dt.15-01-2026
2/2
application is allowed.
5. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned
Judicial Magistrate, 1st Class, Benipatti District- Madhubani/
concerned Court in connection with Harlakhi P.S. Case No. 216
of 2025, subject to the conditions laid down in Section 482 of
the BNSS/ 438(2) of the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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