Patna High Court
Payal KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners, subject to specified conditions.
Summary
The petitioners, a group of seven residents of West Champaran, applied for anticipatory bail fearing arrest in connection with a criminal case (Majhaulia P.S. Case No. 204 of 2025) that alleged offences under several IPC sections including assault and robbery. They contended that they were falsely implicated, asserting that only two co‑accused, Horil Mahto and Anup Kumar, were actually involved in the alleged assault and that the injuries were minor. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the submissions, granted anticipatory bail subject to conditions prescribed under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S.S., including surety requirements and attendance obligations. The order also directed verification of the petitioners' criminal antecedents and stipulated cancellation of bail for any future similar offences. The application was consequently disposed of.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the allegations against them
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false implication
- IPC offences
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2566 of 2026
Arising Out of PS. Case No.-204 Year-2024 Thana- MAJHAULIA District- West Champaran
======================================================
1. Payal Kumari S/o- Hira Lal Mahto Resident of village- Nautan Ps-
Majhauliya khurd Haripur Tola, Ward no-3, District- West Champaran
betitiah
2. Sushila Devi W/o- Horil Mahto Resident of village- Nautan Ps- Majhauliya
khurd Haripur Tola, Ward no-3, District- West Champaran betitiah
3. Dipak Mahto S/o- Horil Mahto Resident of village- Nautan Ps- Majhauliya
khurd Haripur Tola, Ward no-3, District- West Champaran betitiah
4. Rajmati Devi @ Hiramati Devi W/o- Hiralal Mahto Resident of village-
Nautan Ps- Majhauliya khurd Haripur Tola, Ward no-3, District- West
Champaran betitiah
5. Rishi Kumar S/o- Virendra Mahto Resident of village- Nautan Ps-
Majhauliya khurd Haripur Tola, Ward no-3, District- West Champaran
betitiah
6. Badri Mahto S/o- Late Ramkishun Mahto Resident of village- Nautan Ps-
Majhauliya khurd Haripur Tola, Ward no-3, District- West Champaran
betitiah
7. Nitish Kumar S/o- Hiralal Mahto Resident of village- Nautan Ps-
Majhauliya khurd Haripur Tola, Ward no-3, District- West Champaran
Betitiah
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Archana Jha, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Majhaulia P.S. Case No. 204 of 2025 registered for the
offences under Sections 341, 323, 324, 307, 379, 354B and
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504/34 of the I.P.C.
3. As per the prosecution case, the allegations against
the petitioners is that they have all connived altogether and
assaulted the members of the prosecution side.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in the present case and
they have not committed any offence as alleged. It is further
submitted that the specific allegation of assault is only against
the co-accused, namely, Horil Mahto and Anup Kumar and that
the injuries sustained by the two persons were found to be
simple in nature, though on their heads. It has further been
submitted that the entire allegation is false and concocted and
that three of the petitioners are ladies against whom allegations
of snatching of mangalsutra, etc. have been alleged. It has lastly
been submitted that the petitioners carry one criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioners above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
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from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Majhaulia P.S. Case
No. 204 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioners shall be
their close relative.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioners will be liable to be cancelled by the
Court concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have
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concealed their criminal antecedents, the court
below shall take step for cancellation of bail bond
of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
7. Accordingly, the present application stands
disposed of.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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