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Patna High Court

Raman Mahto @ Raman Kumar MahtoversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Petitioner 1's anticipatory bail application is dismissed as withdrawn, and petitioners 2 and 3 are granted bail subject to conditions under Section 482(2) of the CrPC.

Summary

The petitioners – Raman Mahto, Rahul Kumar and Raju Kumar – were implicated in a case (Madhubani Town PS Case No.496 of 2025) for offences under several IPC sections including assault and causing grievous injury. An anticipatory bail application was filed, but the petitioners sought to withdraw the application for Raman Mahto (petitioner 1), which the court permitted, resulting in its dismissal as withdrawn. The petitioners then requested regular bail for Raman, citing a compromise between the parties, but the court noted that specific assault allegations were directed at him and that the anticipatory bail had been withdrawn. Consequently, the court considered bail for Rahul Kumar and Raju Kumar (petitioners 2 and 3) and ordered that they be released on bail if arrested or surrendered within four weeks, subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the CrPC. The bail order includes requirements to appear before the trial court, prohibition on tampering with witnesses or evidence, and the possibility of cancellation for non‑compliance.

Issues considered

  • Whether an anticipatory bail application can be withdrawn at the petitioner's request
  • Whether regular bail can be granted to petitioners 2 and 3 in the absence of specific allegations against them
  • Whether Section 482(2) of the Criminal Procedure Code can be invoked to grant bail in this case

Legislation cited

Subjects

  • anticipatory bail
  • regular bail
  • Section 482 CrPC
  • IPC offences
  • bail conditions
  • withdrawal of bail application
  • compromise

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11851 of 2026
                     Arising Out of PS. Case No.-496 Year-2025 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
           1.     Raman Mahto @ Raman Kumar Mahto Son of Late Parikshan Mahto
                  Resident of village- Bhauwara Dargah chowk, P.S.- Madhubani Town,
                  District- Madhubani
           2.    Rahul Kumar Son of Raman Mahto @ Raman Kumar Mahto Resident of
                 village- Bhauwara Dargah chowk, P.S.- Madhubani Town, District-
                 Madhubani
           3.    Raju Kumar Son of Raman Kumar Mahto @ Raman Mahto Resident of
                 village- Bhauwara Dargah chowk, P.S.- Madhubani Town, District-
                 Madhubani

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Subhash Kumar Jha, Adv.
                 For the Opposite Party/s :      Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   18-05-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2. After some arguments, learned counsel for the

                   petitioners seeks permission to withdraw this anticipatory bail

                   application as against the petitioner no.1, namely, Raman Mahto

                   @ Raman Kumar Mahto.

                           3. Permission is accorded.

                           4. Accordingly, this anticipatory bail application stands

                   dismissed as withdrawn as against the petitioner no. 1, above

                   named, and the anticipatory bail application of petitioner nos. 2
Patna High Court CR. MISC. No.11851 of 2026(4) dt.18-05-2026
                                            2/4




          and 3 is now being considered.

                  5. At this stage, counsel for the petitioners submits that

          looking to the fact that there is already a compromise arrived at

          between both the parties and there is a case and counter case,

          the application for regular bail of the petitioner no.1 may be

          directed to be considered on the same day of his surrender.

                  6. In view of such submission of the counsel for the

          petitioners, the concerned court below is requested to consider

          the bail of the petitioner no.1 expeditiously preferably on the

          same day of his appearance.

                  7. The petitioners are apprehending their arrest in

          connection with Madhubani Town P.S. Case No. 496 of 2025

          (G.R. No. 2793 of 2025) dated 05.11.2025 registered for the

          offence punishable under Sections 126(2), 115(2), 118(2), 74,

          303(2), 352, 3(5) of the Indian Penal Code.

                  8. The prosecution case, in brief, is that on 04.11.2025

          petitioner no. 1 allegedly abused the informant upon objection

          to his act of urinating near their courtyard and, on the next day

          at about 6.00 am, all the accused persons allegedly came armed

          with weapons and assaulted the informant and his family

          members causing injuries. It is further alleged that petitioner no.

          2 snatched the gold chain of Rekha Devi and co-accused Ranjju
Patna High Court CR. MISC. No.11851 of 2026(4) dt.18-05-2026
                                            3/4




          Devi snatched Rs. 5,000/-.

                  9. Learned counsel for the petitioners submits that the

          petitioners are innocent and have been falsely implicated in the

          present case. It is next submitted that the allegation against the

          petitioners are general and omnibus in nature, while the specific

          allegation of assault and causing grievous injury is against the

          petitioner no.1, namely, Raman Mahto @ Raman Kumar Mahto,

          whose anticipatory bail application has been dismissed as

          withdrawn. It is lastly submitted that the petitioners bear no

          criminal antecedent.

                  10. On the other hand, the learned APP for the State has

          opposed the prayer for bail of the petitioners.

                  11. Having heard learned counsel for the parties and

          considering the aforesaid facts and circumstances of the case, as

          also the fact that no specific allegation has been made against

          petitioner nos. 2 and 3, whereas specific allegations of assault

          have been made against petitioner no. 1, against whom the

          instant anticipatory bail application has been dismissed as

          withdrawn, let the petitioner nos. 2 & 3, namely, Rahul Kumar

          and Raju Kumar be released on bail, in the event of their arrest

          or surrender before the learned Court below within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-
              Patna High Court CR. MISC. No.11851 of 2026(4) dt.18-05-2026
                                                           4/4




                        (Rupees Ten Thousand) each with two sureties of the like

                        amount each to the satisfaction of the learned Chief Judicial

                        Magistrate, Madhubani in connection with Madhubani Town

                        P.S. Case No. 496 of 2025 (G.R. No. 2793 of 2025), subject to

                        the conditions as laid down under Section 482(2) of the

                        B.N.S.S. as well as the following conditions:

                                (i)   One      of    the    bailors     should   be   the   family

                        member/relative/known of the petitioner(s) who shall provide

                        official document / personal affidavit to show his/her bona fide;

                                (ii) the petitioner(s) 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 their

                        bail bond by the Trial Court itself;

                                (iii) the petitioner(s) shall in no way try to induce or

                        promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds.



                                                                                 (Ajit Kumar, J)
rishi/-

U         T


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