Patna High Court
Shubh Kant MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application is not maintainable and is dismissed.
Summary
The petitioners, members of the Mahto family, feared arrest in connection with Biraul Police Station Case No. 403 of 2024, which was instituted under Sections 103(2) and 3(5) of the Bharatiya Nyaya Sanhita. They filed an application (likely for anticipatory bail) before the Patna High Court. The informant’s counsel argued that a process under Sections 82 and 83 of the Criminal Procedure Code had already been issued against the petitioners, rendering the application non‑maintainable. Justice Sandeep Kumar examined the maintainability issue and held that because the statutory process was already in motion, the petition could not be entertained. Consequently, the application was dismissed.
Issues considered
- Whether an application for anticipatory bail (or similar relief) is maintainable when a process under Sections 82 and 83 of the Cr.P.C. has already been issued against the petitioner
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(2), 3(5)
- Code of Criminal Procedure, 1973 — s. 82, 83
Subjects
- anticipatory bail
- maintainability
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- Section 103
- Section 3(5)
- Section 82
- Section 83
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13106 of 2026
Arising Out of PS. Case No.-403 Year-2024 Thana- BIRAUL District- Darbhanga
======================================================
1. Shubh Kant Mahto S/O Sita Ram Mahto R/O Village- Kahua Jagdishpur,
P.S- Biraul, Distt.- Darbhanga.
2. Ramakant Mahto S/O Sita Ram Mahto R/O Village- Kahua Jagdishpur, P.S-
Biraul, Distt.- Darbhanga.
3. Sita Ram Mahto S/O Late Damodar Mahto R/O Village- Kahua Jagdishpur,
P.S- Biraul, Distt.- Darbhanga.
4. Bhagwant Mahto S/O Sita Ram Mahto R/O Village- Kahua Jagdishpur, P.S-
Biraul, Distt.- Darbhanga.
5. Sumitra Devi W/O Shubh Kant Mahto R/O Village- Kahua Jagdishpur, P.S-
Biraul, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidyanath Prasad, Advocate
For the Opposite Party/s : Mr.Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Biraul P.S. Case No. 403 of 2024 instituted under Sections
103(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. At the outset, learned counsel for the informant
submits that process under Sections 82 and 83 of Cr.P.C. has
been issued against the petitioner and therefore, this application
is not maintainable.
Patna High Court CR. MISC. No.13106 of 2026(2) dt.25-02-2026
2/2
4. Considering the above, this application is held to
be not maintainable, accordingly, the application stands
dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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