Patna High Court
CR. MISC./53723/2026 of Lakshman Mahto Vs The State of Bihar on 17 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53723 of 2026 Arising Out of PS. Case No.-170 Year-2026 Thana- BAHERA District- Darbhanga ====================================================== Lakshman Mahto Late Shankar Mahto Resident of village- Ufardaha, P.S.- Bahera, Distt- Darbhanga
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53723 of 2026
Arising Out of PS. Case No.-170 Year-2026 Thana- BAHERA District- Darbhanga ======================================================
Lakshman Mahto Late Shankar Mahto Resident of village- Ufardaha, P.S.- Bahera, Distt- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Kaushal Kumar, Adv.
For the Opposite Party/s :
Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
17-08-2026
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), 118(1), 117(2), 109, 303(2), 352 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 on 09.03.2026, his niece was getting married when at 7:00 PM, Bablu, Nitish and Raja created disturbance in a drunken condition, hence informant and others objected, as such, they left. It is next alleged that on 15.03.2026 at 6:00 PM, when informant was going to his house when accused persons intercepted him and Ramlakhan assaulted him by rod all over his body and petitioner assaulted his son by a sharp edged Patna High Court CR. MISC. No.53723 of 2026(2) dt.17-08-2026
weapon causing injury on head and Amerika Devi took out Rs.40,000/- from his pocket and all accused assaulted by lathi and danda.
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 date of occurrence is 15.03.2026 and the FIR came to be instituted on 20.03.2026 based on written application of the informant which casts an aspersion on the case of the prosecution. It is also submitted that had the injured been assaulted in the manner as alleged in the FIR, in that event, the hospital would have informed the police that case of assault is reported for treatment, based on which the police would have recorded the fardbayan of the injured or others in the hospital. It is next submitted that from perusal of the order impugned, it would manifest that the same also does not record about the nature of the injury suffered which amply demonstrates that the injury suffered by the injured is simple in nature.
5. Learned A.P.P. for the State opposes the anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner and taking into consideration the fact Patna High Court CR. MISC. No.53723 of 2026(2) dt.17-08-2026
that petitioner is a person with clean antecedent, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks 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 Bahera P.S. Case No. 170 of 2026 subject to the conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the application stands allowed.
rajesh/- (Satyavrat Verma, J) U T