Patna High Court
Dharmveer Mahto @ Dharamveer Kumar MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Dharmveer Mahto, was implicated in FIR No. 514 of 2025 for alleged assault and robbery, including causing a head fracture with an iron rod and amputation of fingers. He claimed innocence, citing a clean antecedent and enmity with the informant as motive for false implication. The learned counsel highlighted that the injury was recorded as simple, three co-accused had already been granted bail, and the petitioner had no prior criminal record. The court examined these facts, the nature of the alleged offence, and the statutory provisions governing anticipatory bail. Considering the lack of criminal antecedent and the circumstances, the court granted anticipatory bail subject to a bond, sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Section 482
- Criminal Procedure
- Bharatiya Nagarik Suraksha Sanhita
- assault
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9946 of 2026
Arising Out of PS. Case No.-514 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Dharmveer Mahto @ Dharamveer Kumar Mahato Son of Late Dashrath
Mahto Resident of Village- Magaidih @ Manbgaidih, P.S.- Mufassil, Saran,
Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shweta Anand
For the Opposite Party/s : Mr.Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Chhapra Mufassil P.S. Case No. 514 of 2025, registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109, 303(2), 117(2), 3(5) of BNS.
3. The FIR alleges that on 06.09.2025 at about 5:00 PM,
when the informant objected the villagers for gambling in his
garden, the accused persons forcibly entered his house and
assaulted him and his family. Co-accused Banti Kumar allegedly
attacked him with a knife causing amputation of two fingers, while
the petitioner caused a head fracture with an iron rod. When his
mother and wife intervened, they were also assaulted, resulting in
fracture injury to his mother. It is further alleged that co-accused
Patna High Court CR. MISC. No.9946 of 2026(3) dt.01-04-2026
2/3
Rakesh Mahto snatched a gold mangalsutra from his wife.
4. The learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated. He is a
person of clean antecedent. In the investigation, nothing emerged
against him. The petitioner has enmity with the informant and that
is why he has falsely been implicated.
5. On the other hand, the learned counsel for the
informant has opposed the prayer for bail.
6. The allegation against the petitioner is of assaulting
the informant on the head with an iron rod causing fractured
injury. However, in the case diary, at paragraph no. 28, it has come
that the injury is simple in nature. It has also been been informed
that three co-accused persons have already been granted bail on
18.03.2026 in Cr. Misc. No. 9905 of 2026. Also, the petitioner has
no criminal antecedent. Considering all these aspects of the matter,
I am inclined to grant privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, as named above, in the event of his
arrest or surrender within four weeks from today, be enlarged on
bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned C.J.M., Saran at Chapra in connection with Chhapra
Mufassil P.S. Case No. 514 of 2025, subject to the conditions laid
Patna High Court CR. MISC. No.9946 of 2026(3) dt.01-04-2026
3/3
down under section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 and subject to further condition that :-
(i) The petitioner shall co-operate in the investigation/
trial.
(ii) The learned Court below would, however, verify the
criminal antecedent of the petitioner and in case 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, it is expected that the verification process would be done
expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
Checking your session…