Patna High Court
Arvind MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail may be granted only if the medical opinion confirms that the injuries are simple; otherwise the accused must surrender and apply for regular bail.
Summary
The petitioners – five individuals from Sangrampur – applied for pre‑arrest bail in a case (PS‑170/2025) alleging assault on an informant and his family under sections 126(2), 115(2), 118(1), 352, 3(5) of the BNS and section 27 of the Arms Act. They claimed innocence, clean antecedents and argued that the nature of the injuries inflicted was unclear. The State opposed the bail. The High Court directed the District Court to obtain a medical opinion on whether the injuries were simple or grievous. If the injuries are found to be simple, the petitioners are to be released on pre‑arrest bail with conditions; if grievous, they must surrender and seek regular bail. The petition was thereafter disposed.
Issues considered
- Whether pre‑arrest bail should be granted when the nature of injuries to the complainant is uncertain.
- Whether the seriousness of the offences alleged under the BNS and Arms Act warrants denial of pre‑arrest bail.
- Whether a medical opinion is requisite to determine the nature of injury before deciding on bail.
Legislation cited
- Arms Act — s. 27
Subjects
- pre‑arrest bail
- assault
- injury assessment
- medical opinion
- bail conditions
- Criminal Procedure Code
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89894 of 2025
Arising Out of PS. Case No.-170 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
1. Arvind Mahto S/o- Ramesh Mahto
2. Sanjeet Kumar @ Sandeep Kumar S/o- Raja Mahto
3. Sonalal Mahto S/o- Rambabu Mahto
4. Ramesh Mahto S/o- Jagdish Mahto
5. Bachiya Devi W/o- Ramesh Mahto
all are R/V- Sangrampur Mathiya PS- Sangrampur Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 15-01-2026 Heard Mr. Anuj Kumar, learned counsel appearing
on behalf of the petitioners and Mr. Shailendra Kumar Singh
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Sangrampur P.S. Case No. 170 of 2025 registered for the
offence(s) punishable under Sections
126(2),115(2),118(1),352,3(5) of the BNS and Section 27 of the
Arms Act.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners assaulted the
informant and his family members, causing injuries to them.
Patna High Court CR. MISC. No.89894 of 2025(2) dt.15-01-2026
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4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. Petitioners and
informant and agnatres. He further submitted that the injury
sustained by the informant and his family members is not clear,
as to whether, the same is simple or grievous in nature.
Petitioners have clean antecedents.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the
allegation made in the FIR, the learned District Court is
directed to call for the final opinion of the doctor
in respect of the injury sustained by the informant and his
family members and if it is found that the same is simple in
nature, then in that case, the petitioners, above named, are
directed to be released on pre-arrest bail, in connection with
Sangrampur P.S. Case No. 170 of 2025 on such terms and
conditions as the learned District Court deems it fit and proper.
7. In case, the injury sustained either by the
informant or by his family members is grievous in nature,
then in that case, the petitioners are directed to surrender
Patna High Court CR. MISC. No.89894 of 2025(2) dt.15-01-2026
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and seek regular bail before the learned district court.
8. The present petition stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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