Patna High Court
Santosh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioner, Santosh Mahto, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault on police and obstruction of a public servant. The FIR alleged that Mahto, along with others, attacked police personnel during a confrontation arising from the seizure of 1.20 litres of illegal liquor. The petitioner contended that the injuries to police were caused by a mob and were minor, and that he was merely a villager caught up in the incident. The State opposed the bail on the basis of the FIR allegations. The High Court, after considering the facts and the nature of injuries, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, including cooperation with the investigation and a relative as a bailor.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482 BNSS given the allegations of assault and obstruction of public duty.
- Whether the nature and severity of injuries to police personnel justify denial of bail.
- Whether the conditions imposed by the court are appropriate and sufficient to ensure the petitioner’s cooperation with the investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- assault on police
- illegal liquor seizure
- bail conditions
- mob violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17714 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- Sonki District- Darbhanga
======================================================
Santosh Mahto Son of Dev Narayan Mahto R/O- Dekuli Chatti, Post -
Kapchhahi, Basdeopur Darbhanga Kapchhahi, P.S.- Sonki, District -
Darbhanga, Bihar – 846009.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajkumar Rajesh, Advocate
: Mr. Jeet Kishor Mahto, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 132, 191(2), 191(3), 190, 324(4)(5), 74 and
127(2) of the B.N.S.
3. The allegation in the First Information Report is
that the petitioner along with others are said to have abused,
assaulted the informant and other police personnel and deterred
a public servant from discharging his duty.
4. Learned counsel for the petitioner submits that the
entire incident arose out of the fact that one Sunita Kumari was
being taken by the lady constable on account of recovery of 1.20
litres of illegal liquor which was being objected to by the
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villagers. So far as the petitioner is concerned, he happens to be
villager, as such, the petitioner has been made an accused along
with Sunita Devi and other unknown persons. It has been
submitted that injuries received by the police personnel was on
account of a mob fury and the said injuries are also simple in
nature as the learned counsel has stated the same in para-9 of the
petition.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances of the case and also considering the nature of
injuries, let the above named petitioner, be released on bail, in
the event of his arrest or surrender before the learned Court
below within a period of four weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in
connection with Sonki P.S. Case No. 145 of 2025, subject to the
condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, subject to condition(s) that:-
(i) One of the bailors will be his own blood relative,
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preferably, father, mother, brother, sister and/or his
wife.
(ii) The petitioner shall co-operate with the
investigation, if not already concluded and make
himself available as and when so required, failing
which the prosecution will be at liberty to move
cancellation of his bail bond.
(Soni Shrivastava, J)
anand/-
U T
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