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Patna High Court

Bijal MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioner’s clean antecedent and lack of direct involvement, anticipatory bail should be granted subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Bijal Mahto, applied for anticipatory bail anticipating arrest in a case involving multiple offences under the Bharatiya Nyaya Sanhita. He argued that he has a clean antecedent, was falsely implicated by an informant, and is the father of one of the accused, Roshan. The prosecution opposed the bail, contending the seriousness of the alleged offences. The court examined the allegations, noted the petitioner’s clean record, and considered that he is unlikely to abscond. Accordingly, the court ordered his release on bail upon furnishing a bail‑bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita
  • Whether the petitioner is likely to abscond or tamper with evidence
  • Whether the allegations in the FIR sufficiently implicate the petitioner personally

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • clean antecedent
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19480 of 2026
                    Arising Out of PS. Case No.-53 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Bijal Mahto Son of Late Vansi Mahto @ Banshi Mahto Resident of Village-
                 Mohanpur, P.S.- Bibhutipur, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pratik
                 For the Opposite Party/s :       Mr. Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-05-2026                  1. Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 126(2), 127(2), 115(2), 118(1), 74, 109, 303(2), 352,

                   351(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. The learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that Roshan was apprehended in a case of liquor and is

                   in custody, further on 03.02.2025, 10 named accused persons

                   including the petitioner along with 5-7 unknown accused

                   intercepted the informant near the house of Yadunandan at 07:30

                   PM and Sanjit along with petitioner gave orders to kill, on the

                   pretext that because of the informant, Roshan was sent to
Patna High Court CR. MISC. No.19480 of 2026(2) dt.08-05-2026
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          judicial custody, thereafter Amit assaulted the informant by an

          iron rod causing injury on head, thereafter Amarjit assaulted

          Avinash by rod causing injury on head and Sumit assaulted Ram

          Pukar, a differently abled person, by rod causing injury on head

          and thereafter all accused assaulted Ram Pukar and Satya Devi

          along with Sumitra snatched her earring and chain.

                       4. The 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 no

          specific allegation of assault is alleged, rather the informant

          alleges that on orders of petitioner and Sanjit, the occurrence

          was committed by the named accused persons. It is next

          submitted that petitioner is father of Roshan, as such, he came to

          be implicated. It is also submitted that if privilege of

          anticipatory bail is granted, petitioner will not abscond rather

          will cooperate in the investigation to prove his innocence.

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

          anticipatory bail application of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner and also taking

          into consideration the fact that petitioner is a person with clean
            Patna High Court CR. MISC. No.19480 of 2026(2) dt.08-05-2026
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                      antecedent the petitioner, above-named, in the event of his arrest

                      or surrender within a period of six weeks, is directed to be

                      released on bail on his furnishing bail-bonds in the sum of Rs.

                      10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Sub-Divisional

                      Judicial Magistrate, Rosera, Samastipur in connection with

                      Bibhutipur P. S. Case No. 53 of 2025, subject to the conditions

                      laid down under Section 482(2) of the B.N.S.S.

                                   7. The application stands allowed.



                                                (Satyavrat Verma, J)
Rishabh/-

U      T


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