Anil Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29933 of 2026 Arising Out of PS. Case No.-10 Year-2026 Thana- CHAKIA District- East Champaran ====================================================== 1.

Anil Mahato S/O Mohan Mahato Resident of Village- Gawandra, P.S.- Chakiya, District- East Champaran.

2.

Lakhraj Mahato S/O Late Sandeo Mahato @ Sahdeo Mahato Resident of Village- Gawandra, P.S.- Chakiya, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP For the Informant :

Mr. Suraj Kumar Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-05-2026 Heard learned counsel for the petitioners, learned counsel for the informant and APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 115(2), 126(2), 117(2), 109, 74, 351(2), 352 and 3(5) of BNS.

3. The case of the prosecution is that the petitioner no.1 has assaulted to one Bipin Mahto with khanti on his hand due to which, his hand got fractured and the allegation against the petitioner no. 2 is that he has assaulted with lathi on the head of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that from

Patna High Court CR. MISC. No.29933 of 2026(2) dt.07-05-2026 2/2 perusal of the order of the learned trial court, it transpires that the nature of injury of the informant is simple whereas the nature of injury of Bipin Mahto is grievous. It has been submitted that though the injury of Bipin Mahto is grievous in nature but it is only fracture and the same is bailable in nature. Moreover, the petitioners are languishing in judicial custody since 20.01.2026.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Chakiya P.S. Case No. 10 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari.

(Ashok Kumar Pandey, J) Shubham/- U T