Patna High Court
Dasarath MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed anticipatory bail to petitioners 1,2,4,5,6,7,8 and 9, while dismissing the withdrawn application of petitioner 3.
Summary
The petitioners, nine individuals from the village of Basaitha, applied for anticipatory bail in a case registered under Sections 147, 148, 149, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code, alleging assault and robbery of an informant's husband and father‑in‑law. They contended that they were falsely implicated, that there was no injury report to substantiate the alleged assault, and that they have clean antecedents. One petitioner, Anil Kumar Sah, withdrew his application. The State opposed the bail, citing the seriousness of the offences. The Court, after considering the general and omnibus nature of the accusations and the petitioners' clean records, granted anticipatory bail to the remaining eight petitioners, subject to a bail bond of Rs.10,000 and two sureties, and directed that the bail be enlarged if they are arrested within eight weeks. The withdrawn application was dismissed, and the bail order was disposed of.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged under the IPC.
- Whether the lack of an injury report and the petitioners' clean antecedents justify granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 379, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482 CrPC
- mob assault
- clean antecedents
- bail bond
- withdrawn application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1528 of 2026
Arising Out of PS. Case No.-176 Year-2019 Thana- BENIPATTI District- Madhubani
======================================================
1. Dasarath Mahto S/o Ramchandra Mahto @ Ram Chandra Mahto R/o Village
- Basaitha, P.S - Benipatti, District - Madhubani
2. Gulab Mahto S/o Ramchandra Mahto @ Ram Chandra Mahto R/o Village -
Basaitha, P.S - Benipatti, District - Madhubani
3. Anil Kumar Sah S/o Upendra Sah @ Opi Mahto R/o Village - Basaitha, P.S -
Benipatti, District - Madhubani
4. Ratan Mahto S/o Ramavatar Mahto @ Lakhan Mahto @ Ramantur Mahto
R/o Village - Basaitha, P.S - Benipatti, District - Madhubani
5. Rambabu Mahto S/o Pachchu Mahto @ Pachh Mahto R/o Village - Basaitha,
P.S - Benipatti, District - Madhubani
6. Rambharojh Mahto @ Rambharosh Mahto S/o Ramavatar Mahto @ Lakhan
Mahto @ Ramavtar Mahto R/o Village - Basaitha, P.S - Benipatti, District -
Madhubani
7. Jibachh Mahto S/o Lakhan Mahto @ Lakshan Mahto R/o Village - Basaitha,
P.S - Benipatti, District - Madhubani
8. Mithilesh Mahto S/o Sushil Mahto @ Ramavtar Mahto R/o Village -
Basaitha, P.S - Benipatti, District - Madhubani
9. Ram Surat @ Ram Suraj Mahto S/o Ram Autar Mahto @ Ramavtar Mahto
R/o Village - Basaitha, P.S - Benipatti, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Subhash Kumar Jha, Advocate
For the State : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 06-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. After some arguments, learned counsel for the
petitioners seeks permission to withdraw this anticipatory bail
Patna High Court CR. MISC. No.1528 of 2026(3) dt.06-04-2026
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application on behalf of Petitioner No. 3, namely Anil Kumar
Sah.
3. Permission, as prayed for, is accorded.
4. Accordingly, this anticipatory bail application with
regard to Petitioner No. 3 stands dismissed as withdrawn.
5. Petitioner Nos. 1, 2, 4, 5, 6, 7, 8 and 9 apprehend
their arrest in a case registered for the offence punishable under
Sections 147, 148, 149, 323, 324, 307, 379, 504 and 506 of the
Indian Penal Code.
6. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
abused and assaulted husband and father-in-law of the
informant. It is specifically alleged that Petitioner No. 2, namely
Gulab Mahto, assaulted on he finger of father-in-law of the
informant with iron rod. It is further alleged that the accused
persons also snatched gold chain from neck of husband and
father-in-law of the informant.
7. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case with ulterior motive. From bare perusal
of the F.I.R. it is apparent that Petitioner Nos. 1, 4, 5, 6, 7, 8 and
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9 are only alleged to be members of the mob and there is
absolutely no allegation of any overt act against them. It is
further submitted that Petitioner No. 2 is said to have assaulted
on the finger of father-in-law of informant with iron rod but
there is no injury report on record of the said part to substantiate
the allegations. Petitioners claim clean antecedents.
8. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
9. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to Petitioner Nos. 1, 2, 4, 5, 6, 7, 8 and 9 is
allowed.
10. Accordingly, in the event of arrest/surrender
within a period of eight weeks from today, let the above named
Petitioner Nos. 1, 2, 4, 5, 6, 7, 8 and 9 be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned A.C.J.M., Benipatti, District- Madhubani in connection
with Benipatti P.S. Case No. 176 of 2019, subject to condition
as laid down under Section 482(2) of the B.N.S.S..
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11. With the aforesaid directions, this application
stands disposed of.
(Prabhat Kumar Singh, J)
shashank/-
U T
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