Patna High Court
SANJEVAN MAHTO @ SANJEEV KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352, 482(2), 74
- Code of Criminal Procedure, 1973 — s. 438(2)
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
2/3
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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