Santlal Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12462 of 2026 Arising Out of PS. Case No.-968 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1.
Santlal Mahto, aged about 73 years, Male, S/o Punit Mahto 2.
Munna Mahto @ Munna Kumar Mahto, aged about 30 years, Male, S/o Santlal Mahto Both are resident of Village- Sikarpur, P.S.- Sonepur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niraj Kumar, Advocate Mr. Prashant Kumar, Advocate For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-04-2026 Heard Mr. Niraj Kumar along with Mr. Prashant Kumar, learned counsels appearing on behalf of the petitioners and Mr. Nawal Kishore Prasad, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Sonepur P.S. Case No. 968/25 registered for the offence(s) punishable under Sections 126(3),115(2),109,352,351(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioners assaulted the informant and his family members, with an intention to kill, causing injuries.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.12462 of 2026(3) dt.28-04-2026 2/3 petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. There is case and counter case between the parties arising out of same incidence and due to a petty dispute, an altercation took place and both the sides entered into fierce fight in which both the sides sustained injuries. The injuries sustained by the informant's side are simple in nature. Petitioners have clean antecedents. On these grounds, the petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and the fact that there is case and counter case between the parties arising out of same incidence and due to a petty dispute, an altercation took place and both the sides entered into fierce fight in which both the sides sustained injuries and the injuries sustained by the informant's side are simple in nature, I am of the opinion that petitioners, who are having clean antecedents, have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or
Patna High Court CR. MISC. No.12462 of 2026(3) dt.28-04-2026 3/3 surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra / Concerned Court in connection with Sonepur P.S. Case No. 968/25, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T