Patna High Court
Khogen Mahaldar @ Md. Khogen MahaldarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail should be granted to the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
The petitioners, Khogen Mahaldar and Amit Mahaldar, sought anticipatory bail fearing arrest in a case (Roshna P.S. No.108 of 2025) filed under Sections 126(2), 115(2), 76, 352 and 3(5) of the Bharatiya Nagrik Suraksha Sanhita. They alleged that the FIR was lodged 17 days after the incident and that they were falsely implicated as retaliation for a complaint they had filed, asserting no specific allegation against them and a clean criminal record. The State opposed the bail application. The Court, after considering the lack of specific allegations, the petitioners' clean antecedent and their willingness to cooperate, ordered that they be released on bail if arrested or surrendered within six weeks, subject to a bail bond of Rs.10,000 with two sureties, under the conditions of Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S.
- Whether the petitioners can be considered specifically implicated in the FIR
- Whether the petitioners' clean antecedent warrants bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 115(2), 126(2), 3(5), 352, 482(2), 76
Subjects
- anticipatory bail
- false implication
- clean antecedent
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14543 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- Roshna District- Katihar
======================================================
1. Khogen Mahaldar @ Md. Khogen Mahaldar S/o Naresh Mahaldar R/o
Village- Roshna, Lalganj, P.O.- and P.S.- Roshna, Dist- Katihar.
2. Amit Mahaldar S/o Khogen Mahaldar R/o Village- Roshna, Lalganj, P.O.-
and P.S.- Roshna, Dist- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jibendra Mishra, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Roshna P.S. Case No. 108 of 2025, instituted under
Sections 126(2), 115(2), 76, 352, 3(5) of the B.N.S.
3. As per the prosecution case, on the date of
occurrence petitioners along with F.I.R. named accused persons
assaulted the informant and his wife causing injury to them.
4. Learned counsel for the petitioners submit that
petitioners are innocent and have falsely been implicated in this
case as a counter to the complaint case filed by the petitioners'
side. F.I.R. has been lodged after 17 days of the alleged incident
Patna High Court CR. MISC. No.14543 of 2026(2) dt.12-03-2026
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making false allegation against the entire family of the
petitioners. There is no specific allegation against the
petitioners. Petitioners have no criminal antecedent. Petitioners
undertake to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties, no specific
allegation against the petitioners and clean antecedent of the
petitioners, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioners be released
on bail upon furnishing bail bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Katihar in
connection with Roshna P.S. Case No. 108 of 2025, subject to
the conditions laid down in Section 482 (2) of the Bharatiya
Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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