Patna High Court
Chandeshwar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners subject to a bond and conditions under Section 482(2) of the BNSS Act, 2023.
Summary
The petitioners, Chandeshwar Mahto, Ranju Devi and Bittu Kumar, sought anticipatory bail in connection with FIR No. 354 of 2025 alleging offences under several sections of the Bihar Narcotic Substances (BNSS) Act, 2023, including assault and related charges. The prosecution alleged that the petitioners assaulted the informant and his family, while the petitioners claimed innocence, stating they were coparceners with the informant and had no involvement. They also highlighted a clean criminal record and a compromise agreement annexed to the bail petition. The State opposed bail, arguing that being coparceners did not preclude liability. The Court, considering the compromise, clean antecedents, and the petitioners' claim of no involvement, granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 482(2) of the BNSS Act, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the BNSS Act, 2023 in light of the alleged offences and their claim of being coparceners with the informant.
Subjects
- anticipatory bail
- BNSS Act 2023
- criminal procedure
- coparcener
- compromise agreement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21900 of 2026
Arising Out of PS. Case No.-354 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
1. Chandeshwar Mahto Son of Jagarnath Mahto @ Jagaranath Mahto Resident
of Village - Nutan, P.S. - Sangrampur, Dist. - East Champaran.
2. Ranju Devi W/o Chandeshwar Mahto Resident of Village - Nutan, P.S. -
Sangrampur, Dist. - East Champaran.
3. Bittu Kumar @ Bittu Kumar Chauhan Son of Chandeshwar Mahto Resident
of Village - Nutan, P.S. - Sangrampur, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Rathore@ Kundan Kumar, Adv.
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The petitioners are apprehending arrest in
connection with Sangrampur P.S. Case No. 354 of 2025 lodged
on 09.09.2025, for the offences punishable under Sections
126(2), 115(2), 109, 303(2), 351(2), 352 and 3(5) of the B.N.S.,
2023.
3. As per the prosecution, FIR has been lodged against
the petitioners against whom there is allegation that they have
assaulted the informant and his family members due to which
injury took place.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.21900 of 2026(2) dt.08-04-2026
2/2
Counsel also submits that the informant and petitioners are
coparcener. He further submits that the petitioners have no
concern with the alleged occurrence.
5. Counsel submits that the criminal antecedent of the
petitioners is clean and parties have entered into compromise
which is Annexure-P/2 of the bail petition.
6. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that parties are coparcener
and subsequently released to enter into compromise.
7. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of CJM, East Champaran, Motihari /Concern Court,
Motihari, East Champaran in connection with Sangrampur P.S.
Case No. 354 of 2025, subject to the conditions as laid down
U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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