Patna High Court
Rahul MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Rahul Mahto, was arrested in connection with a case (Buniyadganj PS Case No. 296 of 2025) alleging offences under several sections of the B.N.S., including assault and other violent crimes. He contended that his inclusion was false and stemmed from a property dispute, noting that the injuries reported were superficial and that he has a prior criminal record. The State opposed bail, arguing the seriousness of the charges. The court, after considering the submissions and the nature of the injuries, granted bail on a Rs. 10,000 bond with two sureties, imposing conditions such as personal sureties, mandatory court attendance, and provisions for cancellation upon future offences or concealment of antecedents. The order also clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal antecedent
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- false implication
- property dispute
- Bihar
- B.N.S.
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91228 of 2025
Arising Out of PS. Case No.-296 Year-2025 Thana- BUNIYAD GANJ District- Gaya
======================================================
Rahul Mahto Son of Sikandar Mahto Resident of Village -Dudhaila P.S.
-Buniyadganj District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Buniyadganj P.S. Case No. 296 of 2025
registered for the offences punishable under Sections 126(2),
115(2), 109, 76, 303(2), 351(2) , 352 and 3(5) of the B.N.S.
3. As per the prosecution case, eleven named accused
persons are alleged to have collectively assaulted the informant
and other family members.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case with
allegations of general and omnibus nature. It has been submitted
that the petitioner has been named only because he happens to
be one of the family members and on account of some dispute
Patna High Court CR. MISC. No.91228 of 2025(3) dt.11-02-2026
2/3
with regard to property, the present false and concocted case has
been lodged. It has further been submitted that from perusal of
the injury reports, it would be evident that the two persons who
were found to be injured had sustained simple injuries which are
superficial in nature and wounds were found on their body. It
has lastly been submitted that the petitioner has one criminal
antecedent and he is in custody since 29.09.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection Buniyadganj P.S. Case
No. 296 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be local resident.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
Patna High Court CR. MISC. No.91228 of 2025(3) dt.11-02-2026
3/3
will be liable to be cancelled by the court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
Checking your session…