Patna High Court
Mithlesh Mahto @ Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.
Summary
Mithlesh Mahto sought anticipatory bail after an FIR was lodged alleging he assaulted the informant and his family over a land construction dispute. The FIR, filed two days after the incident, accused Mahto of inflicting a simple head injury with an iron rod, but he has no prior criminal record. The State opposed bail, citing the seriousness of the offences listed under the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court noted the familial (agnate) relationship, the minor nature of the injury, and the lack of antecedents, and therefore ordered that Mahto be released on bail if arrested, subject to a bond and sureties. The bail order was conditioned on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in view of the allegations under Sections 126(2), 115(2), 118, 109, 351(2), 352 and 3(5) of the BNSS, 2023.
- Whether the nature of the alleged injury and the petitioner’s clean record justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118, 126(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- assault
- BNSS
- Criminal Procedure Code
- Section 438
- Section 482
- injury
- agnate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90189 of 2025
Arising Out of PS. Case No.-283 Year-2024 Thana- KHANPURA District- Samastipur
======================================================
Mithlesh Mahto @ Mithlesh Kumar S/o Late Ramavtar Mahto R/o Village -
Masina, Ward No. 2, P.S - Khanpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umanath Mishra
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118, 109, 351(2), 352 and 3(5) of the B.N.S., 2023.
3. The allegation in the First Information Report is
that on being opposed to construction being made by the
accused persons in the land of the informant, the accused
persons physically assaulted the informant and his family
members.
4. The learned counsel for the petitioner submits at the
outset that the informant and the petitioner are agnates and the
F.I.R. demonstrates the fact that the dispute between the parties
was due to construction being done by the petitioner with the
Patna High Court CR. MISC. No.90189 of 2025(2) dt.15-01-2026
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allegation that they were encroaching upon the informant’s land.
As a matter of fact, the informant and his family members were
the aggressors and the F.I.R. itself was lodged after a delay of
two days for which no explanation has been tendered. It is
further submitted that there is a direct allegation against the
petitioner of having inflicted a blow by iron rod on the head of
the informant due to which he got injured. The injury sustained
by him is simple in nature caused by hard and blunt substance as
would be evident from the injury report (Annexure-P/2).
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the informant and
the petitioner are agnates having dispute with regard to
construction being made upon the land, coupled with the factum
of simple nature of injury sustained by the informant, let the
above named petitioner, who has no criminal antecedent, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.90189 of 2025(2) dt.15-01-2026
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the learned Court below where the case is pending/successor
Court in connection with Khanpur P.S. Case No. 283 of 2024
Judicial Magistrate-1st Class, Samastipur, subject to the
condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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