Tribhuwan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36278 of 2026 Arising Out of PS. Case No.-179 Year-2026 Thana- RAMKRISHNANAGAR District- Patna ====================================================== 1.
Tribhuwan Mahto S/O Ramchandra Mahto R/O Village- Dhelwa, (Renter of Radhe Ji, P.S.- Ram Krishna Nagar, Distt.- Patna). Permanent Address- R/O Village- Bandi, Mohabattpur, P.S.- Deoria, Distt.- Muzaffarpur (Bihar). 2.
Raj Kumar Mahto S/O Ramchandra Mahto R/O Village- Dhelwa, (Renter of Radhe Ji, P.S.- Ram Krishna Nagar, Distt.- Patna). Permanent Address- R/O Village- Bandi, Mohabattpur, P.S.- Deoria, Distt.- Muzaffarpur (Bihar). 3.
Bhagwan Mahto S/O Ramchandra Mahto R/O Village- Dhelwa, (Renter of Radhe Ji, P.S.- Ram Krishna Nagar, Distt.- Patna). Permanent Address- R/O Village- Bandi, Mohabattpur, P.S.- Deoria, Distt.- Muzaffarpur (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar, Adv.
For the Opposite Party/s :
Ms. Nirmala Kumari, APP For the Informant :
Ms. Aanchal, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 02-06-2026 Heard the learned Advocate for the petitioners, learned Advocate for the informant and the learned Additional Public Prosecutor for the State through virtual mode.
2. The petitioners are apprehending their arrest in connection with Ram Krishna Nagar P.S. Case No. 179 of 2026, registered for the offences punishable under Sections 115(2), 126(2), 109, 351(2) and 3(5) of the B.N.S.
3. Based upon the written report, it is alleged that in the night of 18.02.2026, on account of a dispute arising out of a partition, the cousin of the informant, who are before this Court,
Patna High Court CR. MISC. No.36278 of 2026(2) dt.02-06-2026 2/3 brutally assaulted the informant and, in the meantime, when his son came to his rescue, he was also assaulted by means of iron rod, due to which he sustained serious injuries over his head.
4. Learned Advocate for the petitioners taking this Court through the FIR contended that admittedly the dispute has arisen on account of a family feud, relating to partition; there is no specific accusation against any of the petitioners, as to of whose assault, the injuries has sustained over the head of the informant's son. Moreover, the injury sustained to the informant's son appears to be simple in nature, as is evident from the impugned order. The petitioners are men of fair antecedent and they undertake that they will fully co-operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State as well as the informant opposed the pre-arrest bail application and submits that the allegation of assault over the head of the informant's son duly corroborated with the injury report, as has been discussed in the impugned order and the same is also sustained over the vital part of the body. The petitioners have also brutally assaulted the informant and they are pressurizing the informant to obey their dictate.
6. Having considered the submissions advanced on behalf of the learned Advocate for the respective parties and
Patna High Court CR. MISC. No.36278 of 2026(2) dt.02-06-2026 3/3 taking note of the omnibus nature of allegation, coupled with the genesis of the occurrence, as also the simple nature of injury, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna in connection with Ram Krishna Nagar P.S. Case No. 179 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further conditions that:- (i) One of the bailors shall be the own/close family members of the petitioners.
(ii) If the petitioners would be found indulge in threatening the informant and his family members and would indulge in such type of activities in future, the State/informant shall be at liberty to file an application for cancellation of their bail.
(Harish Kumar, J) shivank/- U T