Patna High Court

Pappu MahatoversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court inclined to grant bail to the petitioner, subject to cash bond, sureties and attendance conditions.

Summary

The petitioner, Pappu Mahato, was arrested in connection with a case alleging assault, stabbing and other offences under the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, asserting that the allegations stem from an old village dispute and that the injury to the informant was minor. The prosecution opposed bail, while the petitioner’s counsel highlighted his lack of prior criminal record and the length of his pre‑trial custody since September 2025. The court considered the nature of the charges, the custody period, and the petitioner’s background, and decided to grant bail. Bail was conditioned on a cash bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s attendance at every trial date, with the possibility of cancellation for non‑appearance.

Issues considered

Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023
Whether the length of pre‑trial detention and the petitioner’s lack of criminal antecedents justify bail

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 352, 76

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
assault
stabbing
pre‑trial detention
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91764 of 2025
                  Arising Out of PS. Case No.-488 Year-2025 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Pappu Mahato S/O Promad Mahato Resident of Village - Bankat, P.S-
                 Paharpur, District- East Champaran
                                                                    ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kundan Rathore, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   23-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Paharpur P.S. Case No. 488 of 2025, instituted for the offences

                   punishable under Sections 126(2), 115(2), 118(1), 109, 76, 352

                   and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that the petitioner

                   along with other co-accused persons entered into the house of

                   the informant, abused and assaulted her by means of farsa. It is

                   further alleged that the petitioner has stabbed knife in the

                   stomach of the informant due to which she sustained injuries.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.91764 of 2025(3) dt.23-02-2026
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          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner and informant are co-villager

          and there is old dispute between the parties. It is further

          submitted that the injury sustained by the informant is found

          simple in nature. The petitioner is in custody since 14.09.2025

          and has got no criminal antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Paharpur P.S. Case

          No. 488 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.91764 of 2025(3) dt.23-02-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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