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Patna High Court

Mantun Mahto @ Pintu Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are granted anticipatory bail subject to the conditions imposed by the Court.

Summary

Mantun Mahto and Makhru Mahto sought anticipatory bail fearing arrest in a case (Chiraiya PS Case No. 42 of 2025) alleging assault under several sections of the B.N.S. The prosecution alleged that the petitioners assaulted an informant, causing a fractured hand. The petitioners contended that they were falsely implicated due to a land dispute and that the FIR was lodged after a deliberate delay, with the injury being simple rather than grievous. The State opposed the bail. The High Court, after considering the submissions and the circumstances, granted anticipatory bail under Section 438 of the CrPC, subject to conditions including surety, presence in court, and verification of criminal antecedents, while noting that the order would not affect the trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438 of the CrPC read with Section 482 of the B.N.S.S. in view of the alleged assault charges.
  • Whether the alleged false implication and land dispute justify the grant of bail despite the petitioners' prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • land dispute
  • false implication
  • assault
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9708 of 2026
                        Arising Out of PS. Case No.-42 Year-2025 Thana- Chiraiya District- Saharsa
                 ======================================================
           1.     Mantun Mahto @ Pintu Kumar Mahto Son of Vidyanand Mahto Resident of
                  Village- Sahuriya, Ward No. 14, P.S.- Chiraiya, District - Saharsa.
           2.    Makhru Mahto @ Makhru Kumar Son of Vidyanand Mahto Resident of
                 Village- Sahuriya, Ward No. 14, P.S.- Chiraiya, District - Saharsa.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kamal Kishore Singh, Advocate
                 For the Opposite Party/s :        Mr.Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners apprehend their arrest in connection

                   with Chiraiya P.S. Case No. 42 of 2025 registered for the

                   offences under Sections 126(2), 115(2), 117(2), 109(1), 324(2)

                   and 3(5) of the B.N.S.

                                3. The prosecution case is to the effect that the

                   petitioners along with other named and five to six unknown

                   persons came to the informant and started assaulting. It is

                   further alleged that petitioner no. 1 gave a lathi blow on the

                   head of the informant while petitioner no. 2 also gave a lathi

                   blow however, the same hit on the hand of the informant and he
Patna High Court CR. MISC. No.9708 of 2026(2) dt.25-02-2026
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          sustained fracture.

                       4. Learned counsel for the petitioners submits that the

          petitioners have falsely been implicated on account of land

          dispute between the parties. He further submits that for the same

          occurrence, a case and counter case has been lodged on behalf

          of the petitioners also and it is an admitted fact that the

          occurrence took place on 21.08.2025 however, on 26.08.2025,

          after a delay of six days, in a preplanned manner to implicate all

          the petitioners, the FIR has been lodged. It has further been

          submitted that from perusal of the injury report, it would be

          evident that the injury sustained was found to be simple in

          nature and the only injury by which the hand of the informant

          was fractured was found to be grievous, though it is admittedly

          on a non-vital part of the body. It has lastly been submitted that

          the petitioners carry two criminal antecedents and they are on

          bail in both the cases.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioners above named be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of four weeks
Patna High Court CR. MISC. No.9708 of 2026(2) dt.25-02-2026
                                            3/4




          from today, on furnishing bail bonds of Rs.10,000/-(ten

          thousand) each 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 with Chiraiya P.S. Case

          No. 42 of 2025 subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of B.N.S.S. as well as subject to

          the following conditions:-

                          (i) One of the bailors of the petitioners shall be

                          their close relative.

                          (ii) The petitioners 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 petitioners will be liable to be cancelled by the

                          Court concerned.

                          (iv) If the petitioners are 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 petitioners and in case at

                          any stage it is found that the petitioners have
               Patna High Court CR. MISC. No.9708 of 2026(2) dt.25-02-2026
                                                           4/4




                                         concealed their criminal antecedents, 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 present application         stands

                         allowed.

                                      8. It is made clear that the observations, if any, made

                         in this order, shall be of no bearing during the trial.



                                                  (Sourendra Pandey, J)
aditya/-

U          T


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