Patna High Court
Raman Mahto @ Raman Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
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Petitioner 1's anticipatory bail application is dismissed as withdrawn, and petitioners 2 and 3 are granted bail subject to conditions under Section 482(2) of the CrPC.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to withdraw the application for Raman Mahto (petitioner 1), which the court permitted, resulting in its dismissal as withdrawn.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but the court noted that specific assault allegations were directed at him and that the anticipatory bail had been withdrawn.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- Whether an anticipatory bail application can be withdrawn at the petitioner's request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
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 115(2), 118(2), 126(2), 303(2), 3(5), 352, 74
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
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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
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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/-
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(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/-
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