Patna High Court

Jagjitan MahatoversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL REJECTED
Bench: RAMESH CHAND MALVIYA

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, Jagjitan Mahato, Munna Kumar and Daroga Sah, sought anticipatory bail fearing arrest in a case alleging offences under the Bihar National Security Act and the Damage of Public Property Act. The FIR alleged that they participated in a mob that blocked a road, attacked police officials and damaged a police vehicle. The petitioners contended they were falsely implicated, had no specific allegations against them and possessed a clean antecedent. The State opposed the bail, asserting their involvement in damaging government property and road obstruction. After reviewing the FIR and the impugned order, the Court found sufficient material linking the petitioners to the alleged acts and consequently rejected their anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the petitioners accused of offences under the Bihar National Security Act and the Damage of Public Property Act.

Legislation cited

Bihar National Security Act — s. 109, 115, 118(2), 121, 121(1), 121(2), 132, 221

Subjects

anticipatory bail
criminal procedure
Bihar National Security Act
Damage of Public Property Act
road blocking
police assault
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23059 of 2026
                     Arising Out of PS. Case No.-368 Year-2025 Thana- JAMOBAZAR District- Siwan
                 ======================================================
           1.     Jagjitan Mahato (Male), aged about 37 years, Son of Shankar Mahto,
                  Resident of Vill. - Chandan Chhapra, P.S.- Jama Bazar, Dist. - Siwan.
           2.    Munna Kumar (Male) aged about 27 years, Son of Mana Bhagat, Resident
                 of Vill. - Chandan Chhapra, P.S.- Jama Bazar, Dist. - Siwan.
           3.     Daroga Sah (Male), aged about 45 years, Son of Master Sah, Resident of
                  Vill. - Rampur, P.S.- Jamo Bazar, Dist. - Siwan.
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumari Anupam, Advocate
                 For the Opposite Party/s :      Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER
2   08-04-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 121,

                   121(1), 115, 118(2), 109, 132, 221 and 121(2) of the BNS & 3

                   and 4 of the Damage of Public Property Act.

                                3. As per allegation in the FIR, petitioners and other

                   co-accused persons had blocked the road and have also attacked

                   on police officials, due to which, the police vehicle was

                   damaged and agitated persons also attacked on the police

                   officials with a view to kill them and these three petitioners are

                   members of that mob.

                                4. Learned counsel for the petitioners submits that

                   petitioners have falsely been implicated in this case. He next
          Patna High Court CR. MISC. No.23059 of 2026(2) dt.08-04-2026
                                                      2/2




                    submits that the petitioners were not the members of aggressive

                    mob and there is no specific allegation against the petitioners

                    and they have been dragged in this case only due to ill motive.

                    Petitioners have got clean antecedent as stated in para-3 of the

                    petition.

                                 5. Learned APP for the State opposes the prayer for

                    anticipatory bail of the petitioners and submits that the

                    petitioners are indulged in damaging the government property

                    and also blocked the road.

                                 6. On perusal of the first information report and

                    impugned order dated 23.02.2026, it appears that on police

                    patrolling duty, the petitioners and several other accused persons

                    were indulged in blocking the road and damaged the police

                    vehicle, as a result of which, the government official vehicle and

                    other articles were damaged and petitioners were named in the

                    FIR, so I am not inclined to grant anticipatory bail to the

                    petitioners.

                                 7. Accordingly, the prayer for anticipatory bail of the

                    above named three petitioners is hereby rejected.



                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T

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