Patna High Court
Raushan Kumar Mahto @ Roushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and compliance with conditions prescribed under the BNSS, 2023.
Summary
The petitioner, Raushan Kumar Mahto, sought anticipatory bail in a case (Sadar P.S. Case No.218 of 2025) alleging offences under Sections 109 and 3(5) of the Bihar Narcotic Substances Act read with Section 27 of the Arms Act. The FIR described an incident where 5‑6 armed unknown persons fired indiscriminately, and during investigation co‑accused named the petitioner. Although the petitioner has three pending criminal cases, he argued innocence and cited that co‑accused had already been granted anticipatory bail. The State opposed bail, emphasizing the petitioner’s unclean antecedent. The Court, after considering the distinct facts and the petitioner’s willingness to comply with bail conditions, granted anticipatory bail subject to a bond of Rs.30,000 and specific conditions under the BNSS, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite having pending criminal cases and a prior criminal antecedent.
- Whether the petitioner’s case is materially different from the co‑accused who were previously granted anticipatory bail.
- Whether the conditions imposed under Section 2(1)(d) and Section 482(2) of the BNSS, 2023 are appropriate.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act (BNS) — s. 109, 3(5)
Subjects
- anticipatory bail
- criminal antecedent
- pending cases
- Arms Act
- Bihar Narcotic Substances Act
- bail conditions
- FIR
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11208 of 2026
Arising Out of PS. Case No.-218 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Raushan Kumar Mahto @ Roushan Kumar Son of Jay Kishan Mahto
Resident of Village - Ganj Chipaliya, Bajitpur, P.S.- Bahadurpur, District -
Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidyanath Prasad, Adv.
For the Opposite Party/s : Mr.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Sadar P.S. Case No.218 of 2025 lodged on 05.07.2025, for
the offences punishable under Sections 109, 3(5) of the BNS
read with Section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against
two named accused persons alleging that 5-6 unknown persons
duly weaponed have surrounded the informant and started
indiscriminate firing, but anyhow, he saved his life.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that the petitioner is not named in the FIR, but
Patna High Court CR. MISC. No.11208 of 2026(2) dt.12-03-2026
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during investigation, the co-accused persons have disclosed the
name of the petitioner in the present case.
5. Counsel submits that the criminal antecedent of the
petitioner is not clean. There are 3 criminal cases pending
against the petitioner, but he is on bail in all cases. He further
submits that the petitioner is ready to fulfill all the conditions
whatsoever shall be imposed upon him.
6. Counsel further submits that other co-accused
persons have been granted anticipatory bail by the Co-ordinate
Bench of this Court vide orders dated 17.12.2025 and
24.02.2026 passed in Cr. Misc. No.83162 of 2025 and Cr. Misc.
No.6911 of 2026.
7. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the case of the petitioner
is different from other accused who has been granted bail. He
further submits that antecedent of the petitioner is not clean.
8. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail on being satisfied by the trial court that the
petitioner is not absconding in any of the cases which are
pending against him whose details are mentioned below, in the
event of arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.11208 of 2026(2) dt.12-03-2026
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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 BNSS, 2023 to the satisfaction of C.J.M.,
Darbhanga in connection with Sadar P.S. Case No.218 of 2025,
subject to the conditions as laid down U/s 482(2) of the BNSS,
2023 with other following conditions:
(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bonds by the Trial Court itself.
9. The details of the cases which are pending against
the petitioner, are as follows:-
i. Bahadurpur P.S. Case No.360 of 2021.
ii. Sadar P.S. Case No.227 of 2025.
iii. Keoti P.S. Case No.173 of 2025.
(Dr. Anshuman, J)
Prakashmani/-
U T
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