Patna High Court
Jatail Mahto @ Jatil MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that the petitioner should be released on anticipatory bail subject to the stipulated bond and conditions.
Summary
The petitioner, Jatail Mahto, sought anticipatory bail fearing arrest in a case (Chiraiya P.S. Case No. 141 of 2025) filed under multiple sections of the Bhartiya Nyaya Sanhita, 2023, alleging assault, robbery and theft. No counsel appeared for the petitioner, while the State, represented by APP Jagdhar Prasad, opposed the bail. The court noted that the FIR contained general, omnibus allegations and that a co‑accused had previously been granted bail, emphasizing the need for parity. Considering these facts, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 30,000 and comply with conditions under Section 482(2) of the BNS, 2023. The order is effective for four weeks from the date of the order, pending any arrest or surrender before the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bhartiya Nyaya Sanhita, 2023.
- Whether parity with a co‑accused previously granted bail warrants granting anticipatory bail to the petitioner.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 2(1)(d), 303(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- bail bond
- parity
- Bhartiya Nyaya Sanhita
- criminal procedure
- arrest apprehension
- Section 482
- Section 2(1)(d)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22747 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Jatail Mahto @ Jatil Mahto S/o Ramashrey Mahto Resident Of Village -
Sapgarha, P.S. - Chiraiya, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 No one appears on behalf of the petitioner. However,
learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Chiraiya P.S. Case No. 141 of 2025, dated 08.04.2025,
lodged under Sections 126(2), 115(2), 118(1), 117(2), 109,
303(2), 352 & 3(5) of the Bhartiya Nyaya Sanhita, 2023
(hereinafter referred to as “BNS, 2023”).
3. As per the prosecution, FIR has been lodged
against 17 named accused persons, including the present
petitioner, alleging that all the accused persons abused and
assaulted the informant and the son of the informant. It has been
further alleged that the accused persons snatched a gold chain,
Rs. 12,000/- in cash, and also took away 30 bags of wheat.
4. From the contents of the FIR, it transpires that the
Patna High Court CR. MISC. No.22747 of 2026(2) dt.16-04-2026
2/2
allegations are general and omnibus in nature. It further
transpires that a co-ordinate Bench of this Court has granted bail
to one of the co-accused persons vide order dated 26.09.2025
passed in Cr. Misc. No. 68448 of 2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case
and also considering the aspect that parity has to be maintained,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the BNSS, 2023 to the satisfaction of Sub Divisional
Judicial Magistrate, Sikharana at Dhaka, East Champaran, in
connection with Chiraiya P.S. Case No. 141 of 2025, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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