Patna High Court
Ram Bahadur Mahto @ Ram Bahadur PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Ram Bahadur Mahto applied for anticipatory bail after an FIR alleged he inflicted a knife blow on an informant's head, invoking several offences under the Bharatiya Nyaya Sanhita. The petitioner asserted his innocence, claimed the injury was simple, and highlighted his clean antecedent. The State opposed the bail application. The court examined the nature of the alleged injury and the petitioner’s clean record, and concluded that these factors warranted the grant of anticipatory bail. Accordingly, the court ordered that if arrested within eight weeks, the petitioner may be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged injury and the petitioner’s clean antecedent justify bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 74
Subjects
- anticipatory bail
- criminal procedure
- bail bond
- clean antecedent
- injury
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91551 of 2025
Arising Out of PS. Case No.-390 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Ram Bahadur Mahto @ Ram Bahadur Prasad S/o- Late Ram Bhaju Prasad
Resident Of Village- Gorhwa, Po- Gorhwa, Ps-Muffasil, Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravin Kumar, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109(1), 117(2), 74, 303(2), 351(2), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., petitioner is alleged to have inflicted
knife blow on the head of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury,
allegedly, caused by this petitioner is simple in nature. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
Patna High Court CR. MISC. No.91551 of 2025(2) dt.19-01-2026
2/2
6. Considering nature of injury and clean antecedent,
this anticipatory bail is allowed and it is ordered that let the
above named petitioner in the event of his arrest/surrender
before the court below within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate, East
Champaran, Motihari in connection with Muffasil P. S. Case No.
390 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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