Patna High Court
Kashinath MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, four members of the Mahto family, sought anticipatory bail fearing arrest in connection with PS Gautam Nagar Case No. 256 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and related crimes. The prosecution alleged that the petitioners assaulted the victim causing simple injury, while the petitioners claimed innocence, asserting a case and counter‑case and that injuries were also sustained by persons on the prosecution side. The State opposed the bail application. After hearing both sides, the Court considered the facts, the nature of the offences, and the provisions of Section 482(2) of the BNSS, and allowed the anticipatory bail. The order directed that, upon arrest or surrender within four weeks, each petitioner be released on a bail bond of Rs 10,000 with two sureties, subject to the conditions stipulated under Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
- Whether the nature of the alleged offences and the prosecution’s case justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118, 126(2), 191(2), 303(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- assault
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88719 of 2025
Arising Out of PS. Case No.-256 Year-2025 Thana- GAUTAMBUDHNAGAR District-
Siwan
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1. Kashinath Mahto S/o Late Sakhichandra Mahto Resident of Village -
Bahopur, P.S - Gautam Buddha Nagar, District - Siwan
2. Sanjay Mahto @ Sanjay Kumar Mahto S/o Kashinath Mahto Resident of
Village - Bahopur, P.S - Gautam Buddha Nagar, District - Siwan
3. Dadan Mahto S/o Kashinath Mahto Resident of Village - Bahopur, P.S -
Gautam Buddha Nagar, District - Siwan
4. Jainath Mahto S/o Paras Mahto Resident of Village - Bahopur, P.S - Gautam
Buddha Nagar, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Gautam Nagar P.S. Case No. 256 of 2025 registered for
offences under Sections 191(2), 126(2), 115(2), 118, 109,
303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are said
to have assaulted the victim causing simple injury.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have not committed any
Patna High Court CR. MISC. No.88719 of 2025(2) dt.15-01-2026
2/2
offence. He further submits that there is case and counter case
and some persons have sustained injuries on the prosecution
side also.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
A.CJ.M.-IV, Siwan/concerned court below in connection with
Gautam Nagar P.S. Case No. 256 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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