Sudish Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23735 of 2026 Arising Out of PS. Case No.-26 Year-2026 Thana- SIDHWALIYA District- Gopalganj ====================================================== Sudish Mahto S/O Sattan Mahto R/O Village- Salempur, P.S.- Sidhwaliya, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Adv.
For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-06-2026 The Court proceeding is being conducted through virtual mode.
2. Heard learned counsel for the petitioner and learned APP for the State.
3. The petitioner is apprehending arrest in connection with Sidhwaliya P.S. Case No. 26 of 2026 lodged on 01.02.2026, for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 351(3), 352, 74, 76, 303(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
4. As per the prosecution, FIR has been lodged against six named accused persons including the present petitioner. The specific allegation against the present petitioner is that he has assaulted the informant by farsa due to which head injury has been caused.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.23735 of 2026(3) dt.03-06-2026 2/3 petitioner is innocent and has committed no offence. Counsel submits that the informant and the petitioner are agnates and the father of the petitioner is full brother of the informant. He submits that from the contents of the FIR, it become crystal clear that the dispute taken place between the parties with regard to flowing of drainage water (nala water) on the vacated land between both the parties' house. He submits that the petitioner has clean antecedent and the allegation of assault by farsa on the head of the informant is also false. He submits that on the previous occasion, the Co-ordinate Bench of this Court has called for injury report of the informant and upon perusal of the injury report of the informant namely, Bachan Mahto, it has been found that the injury is simple in nature caused by hard and blunt substance.
6. Learned APP for the State opposes the prayer for bail of the petitioner.
7. It transpires to this Court that farsa is a sharp cutting weapon and the present dispute is between the agnates with regard to flow of drainage water (nala water) on the vacated land between both the parties' house.
8. As such, in the present facts and circumstances of this case considering the clean antecedent of the petitioner as
Patna High Court CR. MISC. No.23735 of 2026(3) dt.03-06-2026 3/3 well as other aspects, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of A.C.J.M.-V, Gopalganj, in connection with Sidhwaliya P.S. Case No. 26 of 2026, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J) Divyansh/- U T