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Patna High Court

Kashinath MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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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