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Patna High Court

SANJEVAN MAHTO @ SANJEEV KUMARversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Summary

The petitioner, Sanjevan Mahto, a government school teacher, was named among fifteen accused in an FIR alleging assault and murder that occurred on 08-11-2025 in an agricultural field. The informant claimed the accused entered the field armed, assaulted her husband, leading to his death, and attempted to seize land. The petitioner argued that the FIR contains only a general, omnibus allegation against him and that no specific charge of assault or homicide is directed at him. He sought anticipatory bail under Section 438 of the Cr.P.C. and Section 482(2) of the B.N.S.S, asserting he would cooperate with the investigation and not abscond. The State and the informant opposed the bail, but the court, noting the lack of specific allegations and the petitioner’s clean record, granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to the conditions of Section 438(2) and Section 482(2).

Issues considered

  • Whether anticipatory bail should be granted when the FIR contains only a general allegation against the petitioner
  • Whether the petitioner, a government servant, is likely to abscond or tamper with evidence

Legislation cited

Subjects

  • anticipatory bail
  • general allegation
  • false implication
  • government servant
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17342 of 2026
                     Arising Out of PS. Case No.-318 Year-2025 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Sanjevan Mahto @ Sanjeev Kumar S/O Ram Sakhi Mahto R/O Village-
                 Sadpur Ward, P.S.- Sahebpur Kamal, District- Begusarai
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State Of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shiva Shankar Sharma
                 For the Opposite Party/s :      Mr. Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel for the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 109,74, 352, 351(2), 351(3), 3(5) of the BNS.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 08.11.2025 at about 5.00 PM, she along with her

                   husband (Shailesh, deceased), and sister-in-law, were in their

                   agricultural field when 15 FIR named accused persons including

                   the petitioner came variously armed and started ploughing the

                   field forcefully and when her husband protested, accused

                   Vidyanand gave order to kill on which Jago Mahto assaulted her

                   husband with an iron rod causing injury on head. It is next
Patna High Court CR. MISC. No.17342 of 2026(2) dt.18-04-2026
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          alleged that when informant went to rescue her husband the

          accused persons assaulted her and her sister-in-law and Garib

          Yadav, thereafter, with the help of others husband of the

          informant taken to the hospital where his condition was opined

          to be serious, subsequently, he died. It is further alleged that the

          occurrence took place as the accused persons intend to capture

          their land.

                        4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR it would manifest that the

          allegation of assault as far as the petitioner is concerned the

          same is general and omnibus in nature. It is further submitted

          that specific allegation of assaulting the husband of the deceased

          leading to his death subsequently during the course of treatment

          is against Jago Mahto. It is also submitted that petitioner is a

          Government School Teacher and is aware of the consequence

          which would entail in the event if he associates himself in such

          occurrence. It is also submitted that since the petitioner is a

          government servant, hence, came to be implicated with general

          and omnibus allegation with an intent to course the entire family

          members into submission.                It is also submitted that if the
            Patna High Court CR. MISC. No.17342 of 2026(2) dt.18-04-2026
                                                        3/3




                      privilege of anticipatory bail is granted the petitioner will not

                      abscond rather will cooperate in the investigation to prove his

                      innocence.

                                   5. Learned A.P.P. for the State as well as learned

                      counsel for the informant oppose the prayer for anticipatory bail

                      of the petitioner but then the learned counsel for the informant is

                      not in a position to rebut the submission of the learned counsel

                      for the petitioner that no specific allegation of assault is alleged

                      against the petitioner and that petitioner is a government teacher.

                                   6. Considering the submissions made by the learned

                      counsel appearing on behalf of the petitioner, let the petitioner,

                      above-named, in the event of his arrest or surrender within a

                      period of six weeks from today, be released on anticipatory bail

                      on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Trial Court where the case is pending/Successor

                      Court in connection with Sahebpur Kamal P.S. Case No. 318 of

                      2025, subject to the conditions as laid down under Section

                      438(2) of the Cr.P.C./482(2) of the B.N.S.S.


                                                (Satyavrat Verma, J)
khushbu/-
U      T


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