Patna High Court
Vijay Kumar @ Vijay MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Vijay Kumar, was arrested in connection with a land‑dispute‑related assault case (PS‑Case No. 241 of 2025) alleging offences under several sections of the Bihar Negotiable Substances Act, 2023. The prosecution alleged that the petitioner, along with co‑accused, assaulted the informant with an iron rod, causing a head fracture, while the defence argued that the injury report showed no abnormality attributable to the petitioner and that the assault on the face was by another accused. The petitioner claimed innocence, highlighted a clean antecedent, and pointed to a pending title suit indicating a motive for false implication. The State opposed bail, but the court considered the lack of direct injury evidence, the petitioner’s clean record, the period of custody, and the background of the land dispute. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional safeguards.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the alleged offences
- Whether the injury report undermines the prosecution’s allegation against the petitioner
- Whether the land‑dispute context and the petitioner’s clean antecedent justify bail
Legislation cited
Subjects
- bail
- criminal procedure
- assault
- land dispute
- clean antecedent
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.965 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- KHANPURA District- Samastipur
======================================================
Vijay Kumar @ Vijay Mahto, Son of Sonelal Mahto, Resident of Village-
Haripur Kheri, P.S.- Khanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Kumar, Advocate
For the Opposite Party/s : Mr.Uday Chand Prasad,, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Khanpur P.S. Case No. 241 of 2025, registered
for the alleged offences under Sections 126(2), 115(2), 352,
351(2), 109(1) and 3(5) of BNS, 2023.
3. As per prosecution case, the petitioner and other co-
accused persons came to the land of the informant and at the
instigation of co-accused, the petitioner assaulted the informant
with iron rod on his head causing its fracture. The other co-
accused persons further assaulted the informant with iron rod
causing some injuries to him.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.965 of 2026(2) dt.15-01-2026
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case. Though there is allegation against the petitioner that he
assaulted the informant on his head with iron rod, but the injury
report does not show any abnormality on the head. The
allegation of assault on the face of the informant is against co-
accused Manish Kumar. The learned counsel further submits
that there is land dispute between the parties and the father of
the informant is defendant no.1 in Title Suit No. 205 of 2024 in
which the present petitioner is plaintiff no.3. The petitioner is in
custody since 17.11.2025 and is having clean antecedent. The
charge sheet has been submitted.
5. Learned APP vehemently opposes the submission
made on behalf the petitioner.
6. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
background of land dispute and further considering the absence
of injury attributed to this petitioner and also considering the
submission of charge sheet, period of custody of the petitioner
and his clean antecedent, the petitioner is directed to 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 learned Chief Judicial Magistrate,
Samastipur/court concerned, in connection with Khanpur P.S.
Patna High Court CR. MISC. No.965 of 2026(2) dt.15-01-2026
3/3
Case No. 241 of 2025, subject to the conditions mentioned in
Section 480 (3) of BNSS and also the following conditions :
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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