Virendra Mahto @ Virendra Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15029 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- SURYAGARHA District- Lakhisarai ====================================================== Virendra Mahto @ Virendra Kumar Rai S/o Late Bhuwneshwar Mahto R/o Village - Babadham Jagdishpur, P.S - Suryagarha, District - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-03-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 74, 103(1) and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that accused persons came to his house on 31.12.2025, at 03:00 p.m., and petitioner was talking to his brother, namely, Kartik on mobile who gave orders to throw the informant and others from the house. Further, the petitioner assaulted the informant by an iron rod causing injury on his head while Gulshan snatched dupatta of his nice and Gaurav assaulted her causing injury on head, thereafter, Anil, Vijay and Surendra assaulted the wife of the informant by lathi causing injury on
Patna High Court CR. MISC. No.15029 of 2026(2) dt.24-03-2026 2/3 hand and leg.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the FIR was instituted under Section 103 of the BNS when no one was killed in the occurrence. It is, thus, submitted that Section 103 of the BNS was deliberately added. It is next submitted that from the side of the petitioner, Suryagarha P.S. Case No. 01 of 2026 came to be instituted against the informant and others. It is also submitted that in Suryagarha P.S. Case No. 01 of 2026, it is alleged that son of the petitioner was assaulted by the side of the informant causing injury on his head. It is further submitted that the injury suffered by the informant and his side in the instant case has been opined to be simple in nature as would manifest from the injury report of Nagendra Mahto annexed as Annexure-P/5 to the anticipatory bail application.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks
Patna High Court CR. MISC. No.15029 of 2026(2) dt.24-03-2026 3/3 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court in connection with Suryagarha P.S. Case No. 02 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J) Kundan/- U T