Patna High Court
Lalan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that, given the doubtful allegations, possibility of false implication and the petitioners' clean antecedents, they are entitled to bail under Section 482(2) of the BNSS, 2023.
Summary
The petitioners, four brothers from Ganga Pipra village, sought bail fearing arrest in a 2018 case (P.S. No. 175) that alleged assault, attempted murder and other offences under Sections 341, 323, 324, 307, 379 and 504 of the IPC. They claimed the charges were fabricated due to a land dispute and that the police had earlier filed a closure report, while the magistrate had nonetheless taken cognizance. The petitioners highlighted their clean antecedents and that the specific allegation of a ‘farsa’ blow pertained to a co‑accused who had already obtained anticipatory bail. The State opposed the bail application. Considering the doubtful nature of the allegations, the possibility of false implication and the petitioners’ clean record, the Court ordered their release on bail with a bond of Rs 10,000 each and two sureties, subject to conditions under Section 482(2) of the BNSS, 2023 and attendance before the trial court. The order disposes of the bail petition.
Issues considered
- Whether the petitioners are entitled to bail pending trial despite the serious nature of the offences alleged under the IPC.
- Whether the allegations against the petitioners are sufficiently credible or constitute false implication warranting bail.
- Whether Section 482(2) of the BNSS, 2023 can be invoked to grant bail in the present circumstances.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 341, 379, 504
Subjects
- bail
- anticipatory bail
- false implication
- land dispute
- Indian Penal Code
- Section 482
- BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23878 of 2026
Arising Out of PS. Case No.-175 Year-2018 Thana- PAHARPUR District- East Champaran
======================================================
1. Lalan Mahto, Son of Sakal Devo Mahto,
2. Sudish Mahto, Son of Sakal Devo Mahto,
3. Amar Mahto, Son of Sakal Devo Mahto
4. Sonu Mahato @ Sonelal Mahto @ Sonalal Mahto, Son of Sakal Devo Mahto
All are residents of village- Ganga Pipra, P.S. - Pahadpur, Dist. - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners are apprehending
their arrest in connection with Paharpur P.S. Case No. 175 of
2018 registered under Sections 341, 323, 324, 307, 379 and 504
of the Indian Penal Code.
3. As per prosecution case, the petitioners and other
co-accused persons abused and assaulted the informant by
means of farsa, iron rod, fists and slaps. The allegation against
the petitioner no.1 is of abusing the informant and of giving
orders to kill the informant. The allegation against the petitioner
no. 2 is of catching hold the informant. The allegation against
Patna High Court CR. MISC. No.23878 of 2026(2) dt.24-04-2026
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the petitioner no. 3 is of assaulting the informant with fists and
slaps. The allegation against the petitioner no. 4 is of assaulting
the informant with iron rod.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case due to land dispute. No such occurrence as alleged in the
FIR has ever taken place. Although there is allegation of assault
by means of farsa, but the injury caused to the informant was
found to be simple in nature. The learned counsel further
submits that the police submitted closure report against the
petitioners after investigation, but the learned Magistrate took
cognizance against all the accused persons including the
petitioners under Sections 341, 323, 307/34 of the Indian Penal
Code. The learned counsel further submits that the specific
allegation of giving farsa blow is against the co-accused Sakal
Dev Mahto, who has been granted anticipatory bail by a
Coordinate Bench of this Court vide order dated 08.01.2019
passed in Cr. Misc. No. 78339 of 2018 and the case of the
petitioners is on better footing. The petitioners are having clean
antecedent.
5. Learned APP vehemently opposes the submission
made on behalf of the petitioners.
Patna High Court CR. MISC. No.23878 of 2026(2) dt.24-04-2026
3/3
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
doubtful nature of allegation against the petitioners and further
considering the possibility of false implication and also
considering the clean antecedents of the petitioners, let the
petitioners above named, in the event of their arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Motihari, East Champaran, in connection
with Paharpur P.S. Case No. 175 of 2018, subject to the
condition as laid down under Section 482(2) of the BNSS, 2023
and other following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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