Patna High Court

Jitan Mahto @ Jitendra MahtoversusThe State of Bihar

Decided: 7 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Jitan Mahto, sought anticipatory bail fearing arrest in a case registered under Sections 324(3), 352, 329(4), 109, 76, 303(2) and 3(5) of the B.N.S. The prosecution alleged that the petitioner and others entered the informant's house, assaulted her and her son, and stole a gold chain. The petitioner contended that the incident was a simple altercation over a disputed passage, that the injuries were minor, and that the case was fabricated; he also highlighted his clean antecedents. The State opposed the bail application. Considering the disputed background, the minor nature of alleged injuries, and the petitioner's clean record, the court allowed the anticipatory bail, directing bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) conditions.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged under the B.N.S.
Whether the circumstances of the dispute and the petitioner's clean antecedents justify granting bail

Legislation cited

B.N.S. — s. 109, 303(2), 324(3), 329(4), 3(5), 352, 76

Subjects

anticipatory bail
Indian Penal Code
criminal procedure
clean antecedents
injury assessment
dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19637 of 2026
                    Arising Out of PS. Case No.-529 Year-2024 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Jitan Mahto @ Jitendra Mahto S/O Late Swarup Mahto R/O Village-
                 Suriyahi, P.S- Phulparas, Distt.- Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Baleshwar Kamat, Advocate
                 For the State           :        Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 324(3),

                   352, 329(4), 109, 76, 303(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including this petitioner, entered

                   into house of informant, abused and assaulted informant with

                   Farsa. When son of informant came to rescue, he was also

                   assaulted. It is further alleged that the accused persons also

                   snatched gold chain from neck of informant.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.19637 of 2026(2) dt.07-04-2026
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          committed no offence. As a matter of fact, on account of dispute

          with regard to use of a passage which is claimed by the

          informant as her own, a simple altercation took place between

          the parties and taking advantage of the situation, this false and

          concocted case has been lodged. Doctor has found the injuries,

          allegedly caused by this petitioner, simple in nature. Rest of the

          allegations are ornamental in order to make the case grave.

          Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case, backdrop of the dispute, nature of injuries allegedly

          caused by this petitioner and clean antecedents of the petitioner,

          the prayer for grant of anticipatory bail to the petitioner is

          allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned A.C.J.M.-IInd, Jhanjharpur,

          District- Madhubani in connection with Phulparas P.S. Case No.
             Patna High Court CR. MISC. No.19637 of 2026(2) dt.07-04-2026
                                                         3/3




                       529 of 2024, subject to condition as laid down under Section

                       482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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