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Patna High Court

Arvind MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                             2/3




                          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
                                                       3/3




                     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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