Patna High Court
Hari Kishun Mahto @ Hare Krishna MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioners are granted anticipatory bail subject to a Rs.30,000 bond and conditions under the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioners, Hari Kishun Mahto and Kiran Devi, sought anticipatory bail fearing arrest in a case (Daraunda PS Case No. 428 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including attempted outrage of modesty and assault. The prosecution alleged that the accused entered the informant's house and tried to outrage the informant's daughter while assaulting the informant. The petitioners contended innocence, clean antecedent, and highlighted that eight of the ten accused had already been granted anticipatory bail by the same court. The State opposed bail, but the court noted the prior grant to other accused and found no compelling reason to deny bail. Consequently, the court ordered anticipatory bail for the petitioners upon furnishing a Rs.30,000 bond per person, subject to conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., and directed the trial court to verify any criminal antecedent, with bail cancellation if concealment is found.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the allegations under the Bharatiya Nyaya Sanhita, 2023.
- Whether the prior grant of anticipatory bail to other accused influences the decision on the petitioners' bail.
- Whether the conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023 justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- offence against women
- assault
- bail conditions
- verification of antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15915 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- DARAUNDA District- Siwan
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1. Hari Kishun Mahto @ Hare Krishna Mahto Son of Late Jag Lal mahto
Resident of village- Gurgujwa, Jalalpur, P.S.- M.H. Nagar, District- Siwan
2. Kiran Devi wife of Pappu Mahto Resident of village- Gurgujwa, Jalalpur,
P.S.- M.H. Nagar, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Daraunda P.S. Case No. 428 of 2025 lodged on
27.08.2025, for the offence punishable under Sections 126(2),
115(2), 118(1), 109(1), 303(2), 352, 351(2) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
10 named accused persons including the present petitioners with
allegation that all the accused persons entered in the house of
the informant and tried to outrage the modesty of the
informant’s daughter. The accused persons also assaulted the
Patna High Court CR. MISC. No.15915 of 2026(2) dt.25-03-2026
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informant.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the petitioners have clean antecedent and
both parties are resident of the same village. He further submits
that out of 10 accused persons, 8 accused persons have been
granted anticipatory bail by the Co-ordinate Bench of this Court
vide order dated 08.01.2026 passed in Cr. Misc. No. 86635 of
2025 (Annexure-P/3). Counsel submits that all the allegations
are general and omnibus in nature and for the same date and
place of occurrence, there are case and counter case from both
the sides, due to which scuffling took place.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but submits that from the record, it
transpires that vide Annexure-P/3, it is clear that eight accused
persons have been granted anticipatory bail by the Co-ordinate
Bench of this Court.
6. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
Patna High Court CR. MISC. No.15915 of 2026(2) dt.25-03-2026
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mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of A.C.J.M.-VI, Siwan, in connection with
Daraunda P.S. Case No. 428 of 2025, subject to the conditions
as laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioners, and in case, it is found at any
stage that the petitioners have concealed the fact about their
criminal antecedent(s), the Trial Court shall take steps for
cancellation of bail bond of the petitioners. However, the
acceptance of the bail bonds in terms of the above-mentioned
order shall not be delayed for the purpose of or in the name of
verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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