Subodh Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10273 of 2026 Arising Out of PS. Case No.-84 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Subodh Kumar Mahto S/O Ramnandan Mahto Resident of Village - Fatehpur, P.S- Muffasil District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Kumar Singh For the Opposite Party/s :
Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-02-2026 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in connection with Begusarai Muffasil P.S. Case No.84 of 2024, registered for the offence punishable under Sections 323, 341, 307, 379, 504, 427, 34 of the Indian Penal Code.
3. As per the FIR, the petitioner and other coaccused persons were throwing waste from their field into the field of the informant. When the mother of the informant opposed the same, the petitioner assaulted her with a lathi, due to which she sustained injuries. He also assaulted the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is a case and counter-case between the parties. It is the case of the petitioner that after registration of the FIR by the wife of the petitioner, the present complaint case has been instituted against him. There is a delay
Patna High Court CR. MISC. No.10273 of 2026(2) dt.25-02-2026 2/3 of six days in lodging the complaint case, which creates serious doubt over the genuineness of the prosecution story. Referring to the impugned order, learned counsel submits that for securing the case diary as well as the injury report, show cause was issued by the Court of learned Additional Sessions Judge-XI, Begusarai to test the veracity of the allegations made in the FIR that injuries were caused on vital parts, but the same were not produced. It is further submitted that due to the existing land dispute between the parties, injuries have also been sustained by the petitioner's side. Even during the course of hearing before the learned court below, the informant appeared but did not take any steps to bring the injury report on record. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.
6. Taking into account that for the same occurrence there is a case and counter-case between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.10273 of 2026(2) dt.25-02-2026 3/3 Magistrate, Begusarai/Successor Court in connection with Begusarai Muffasil P.S. Case No.84 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) shikha/- U T