Patna High Court
Pintu MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court inclined to extend anticipatory bail to the petitioner with conditions, despite the omnibus allegation.
Summary
The petitioners, Pintu Mahto and Hisabi Mahto, applied for anticipatory bail in connection with FIR No.43 of 2025 alleging offences under sections 126(2), 115(2), 118(1), 109(1), 74, 75(2), 303(2), 352 and 3(5) of the BNS. The court noted that an earlier anticipatory bail application of Pintu Mahto had been rejected because he was already arrested. The prosecution’s case presented an omnibus allegation of assault and a rape attempt, but the specific charge against Hisabi Mahto was limited and he had no prior criminal record. Considering the lack of antecedent and the nature of the allegation, the court decided to grant anticipatory bail to Hisabi Mahto subject to strict conditions, including a bail bond, sureties, regular court appearances, monthly police attendance, and a prohibition on tampering with evidence. The order thus released the petitioner on bail pending further trial.
Issues considered
- Whether anticipatory bail should be granted despite an omnibus allegation against the petitioner.
- Whether the petitioner’s clean criminal record warrants the grant of anticipatory bail.
- Whether the specific allegations under the cited sections justify denial of bail.
Legislation cited
- BNS — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 352, 74, 75(2)
Subjects
- anticipatory bail
- omnibus allegation
- criminal antecedent
- bail conditions
- assault
- rape allegation
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14045 of 2026
Arising Out of PS. Case No.-43 Year-2025 Thana- Chiraiya District- Saharsa
======================================================
1. Pintu Mahto son of Harelal Mahto Resident Of Village- Sahuriya Wasi
(Basahi ), Ward no. 14, Ps- Chiraiya, Dist- Saharsa
2. Hisabi Mahto @ Hisavi Mahto Son of Late Dorik Mahto @ Daurik Mahto
Resident Of Village- Sahuriya Wasi (Basahi ), Ward no. 14, Ps- Chiraiya,
Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 29-04-2026 Heard Mr. Amarnath Jha, learned counsel for the
petitioner duly assisted by Mr. Sanjeet Kumar and the State.
2. Earlier, the anticipatory bail application of the
petitioner no. 1, Pintu Mahto was rejected on 12.03.2026 as he
was arrested.
3. The petitioner is apprehending his arrest in
connection with Chiraiya P.S. Case No. 43 of 2025 for the
offence under sections 126(2), 115(2), 118(1), 109(1), 74, 75(2),
303(2), 352 and 3(5) of the BNS lodged on 28.08.2025 by the
informant, Pinki Devi.
4. As per the prosecution story, the lady alleged that
Pintu Mahto tried to commit rape and upon raising alarm, as the
Patna High Court CR. MISC. No.14045 of 2026(3) dt.29-04-2026
2/4
family members assembled, allegation is that Chand Mahto,
Hisabi Mahto (petitioner no. 2) and others assaulted. This
followed the movement to the hospital and the FIR.
5. Learned counsel for the petitioner submits that a
perusal of the FIR would show that omnibus allegation of
assault is against all the accused including the petitioner while
specific allegation is that Hansraj assaulted Chhotu Mahto and
Chand Mahto assaulted the informant. This petitioner has no
criminal antecedent but has been dragged in the case.
6. Learned APP opposes the prayer submitting that
though direct allegation is against Chand Mahto and Chhotu
Mahto, omnibus allegation is against this petitioner.
7. Taking into account the submissions of the parties
as also the facts, stated above, this petitioner has no criminal
antecedent and omnibus allegation is there, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail with conditions.
8. Let the petitioner no. 2 (Hisabi Mahto @ Hisavi
Mahto) be released on bail in the event of arrest or surrender
within a period of four weeks from the receipt of this order, on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of like amount each to the satisfaction of learned J.M.
Patna High Court CR. MISC. No.14045 of 2026(3) dt.29-04-2026
3/4
1st Class, Saharsa in connection with Chiraiya P.S. Case No. 43
of 2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner no. 2 (Hisabi Mahto @ Hisavi
Mahto) who shall provide official document (Aadhaar
Card/Voter ID Card/Pan Card/Driving License) to show his/her
bona fide;
(ii) the petitioner no. 2 (Hisabi Mahto @ Hisavi
Mahto) 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 bond by the
Trial Court itself;
(iii) the petitioner no. 2 (Hisabi Mahto @ Hisavi
Mahto) shall appear before the concerned police station every
month for six months to mark his attendance and after the end of
the period, the certificate shall be submitted before the Trial
Court failing which steps shall be taken for the cancellation of
the bail bonds;
(iv) the petitioner no. 2 (Hisabi Mahto @ Hisavi
Mahto) 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;
Patna High Court CR. MISC. No.14045 of 2026(3) dt.29-04-2026
4/4
(v) the petitioner no. 2 (Hisabi Mahto @ Hisavi
Mahto) shall desist from committing any criminal offence again,
failing which the State shall be at liberty to take steps for
cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
Checking your session…