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Patna High Court

Chandan Kumar Mahto @ Chandan MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the allegations were serious and the petitioners posed a risk of absconding.

Summary

The petitioners, three brothers, sought anticipatory bail after being implicated in a FIR alleging they assaulted the brother of an informant with knives, leading to his death. They claimed the informant was not an eye-witness and that the case was false, citing a prior case filed by the same informant against them. The State opposed bail, emphasizing that the death was admitted, the allegations were serious, and granting bail could enable the petitioners to abscond. The court examined the seriousness of the offences under the Bharatiya Nyaya Sanhita and the risk of non-appearance. Considering the State's submissions, the court declined to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita.
  • Whether the petitioners can be deemed falsely implicated in the FIR.
  • Whether there is a risk of the petitioners absconding if bail is granted.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • murder
  • Bharatiya Nyaya Sanhita
  • high court
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17033 of 2026
                  Arising Out of PS. Case No.-644 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
           1.     Chandan Kumar Mahto @ Chandan Mahto Son of Ashok Mahto Resident of
                  Village -Gheghataganj PS -Chapra Muffasil District -Saran
           2.    Suraj Kumar Mahto @ Suraj Mahto Son of Ashok Mahto Resident of
                 Village -Gheghataganj PS -Chapra Muffasil District -Saran
           3.    Ranjit Kumar Mahto @ Ranjit Kumar Son of Ashok Mahto Resident of
                 Village -Gheghataganj PS -Chapra Muffasil District -Saran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anjani Parashar
                 For the Opposite Party/s :      Ms.Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in connection

                   with Chapra Mufassil P.S Case No. 644 of 2025 registered for

                   the offences punishable under Sections 126(2), 115(2), 118(1),

                   118(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita and later

                   on Section 103 BNS has been added.

                             3.    Learned counsel for the petitioners submits that

                   petitioners have antecedent of one case instituted by the side of

                   the informant and the informant alleges that on 3-12-2025 at

                   9:30 pm, six named accused persons including the petitioners
Patna High Court CR. MISC. No.17033 of 2026(2) dt.08-04-2026
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          came and assaulted his brother Kanahiya by knives about 10

          times on different parts of the body and fled, but his brother

          somehow reached the house of Narad Singh and thereafter he

          was admitted in a hospital from where he was referred to PMCH

          and died during the course of treatment.

                   4.     Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that informant is not an eye-

          witness to the occurrence nor the allegation even remotely

          suggests that the informant based on information given by his

          brother instituted the instant FIR. It is also submitted that earlier

          Chapra Mufassil P.S Case No. 225 of 2013 was instituted

          against the petitioners and others by the side of the informant in

          which trial is going on, as such the informant with a view to

          coerce the petitioners into submission implicated them in the

          instant false case. It is next submitted that deceased was a

          dreaded criminal of the locality as has been pleaded at para-8 of

          the anticipatory bail application.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners and submits that what is not

          in dispute rather stands admitted is that brother of the informant

          on account of assault died during the course of treatment. It is
Patna High Court CR. MISC. No.17033 of 2026(2) dt.08-04-2026
                                            3/4




          next submitted that specific allegation as alleged in the FIR is

          that six named accused persons including the petitioners brutally

          assaulted his brother Kanahiya by knives causing injury on

          different parts of the body. It is further submitted that criminal

          cases cut both ways, it is also submitted that it might be a

          possibility that since trial was going in Chapra Mufassil P.S

          Case No. 225 of 2013, as such to coerce the informant and his

          brother into submission, the occurrence was committed. It is

          also submitted that investigation of the case is in its nascent

          stages and if privilege of anticipatory bail is granted to the

          petitioners, the petitioners may abscond. Learned APP further

          submits that a bald statement at para-8 of the anticipatory bail

          application has been made that the deceased was a dreaded

          criminal of the locality, but then the learned counsel appearing

          on behalf of the petitioners for reasons best known has not

          disclosed the number of cases which were pending against the

          deceased. It is also submitted that even a criminal cannot be

          assaulted in the manner as alleged in the FIR. It is further

          submitted that the brutality of the petitioners was such that it led

          to ending the life of the brother of the informant.

                   6.     Considering the submission made by learned APP,

          the Court is not inclined to extend the privilege of anticipatory
              Patna High Court CR. MISC. No.17033 of 2026(2) dt.08-04-2026
                                                          4/4




                        bail to the petitioner.

                                 7.     Accordingly, the prayer for anticipatory bail of the

                        petitioner is rejected.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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