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Patna High Court

Ramayan Mahto @ RamayanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied because the allegations were direct and specific, making the case unsuitable for such relief.

Summary

The petitioner, Ramayan Mahto, applied for anticipatory bail fearing arrest in a criminal case (PS Case No. 224 of 2025) involving multiple offences under the B.N.S., including assault with a tangi causing grievous injury. The prosecution alleged that the petitioner and the victim were related and that the petitioner had directly assaulted the victim. The primary issue before the court was whether the petitioner was entitled to anticipatory bail given the nature of the allegations. The court observed that the allegations were direct and specific, rendering the case unsuitable for anticipatory bail. Consequently, the application for anticipatory bail was dismissed, with the court clarifying that its observations were limited to this bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the specific and direct nature of the allegations under the B.N.S.

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 118(1), 126(2), 329(3), 329(4), 3(5), 351(3), 352

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • grievous injury
  • bail application
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No. 25879 of 2026
                      Arising Out of PS. Case No.-224 Year-2025 Thana- DARAUNDA District- Siwan
                 ======================================================
                 Ramayan Mahto @ Ramayan Son of Late Shiv Karan Mahto Resident of
                 village- Bavnaganj Jalalpur PS -Daraunda District- Siwan

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Dilip Kumar, Advocate
                 For the State           :       Ms.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-05-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Daraunda P.S. Case No. 224 of 2025 registered for the offence

                   under Sections 126(2), 115(2), 117(2), 118(1), 109, 329(3),

                   329(4), 351(3), 352, 3(5) of the B.N.S.

                                 3. As per the prosecution case, petitioner and

                   prosecution side are related to each other. Petitioner is accused

                   of assaulting the victim with a tangi causing grievous injury.

                                 4. Considering the direct and specific nature of

                   allegation against the petitioner, this is not a fit case for grant of

                   anticipatory bail.

                                 5. Accordingly, the application stands dismissed.

                                 6. It is, however, clarified that the observations made
           Patna High Court CR. MISC. No. 25879 of 2026(2) dt.06-05-2026
                                                       2/2




                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                      (Sandeep Kumar, J)

P. Kumar

U     T


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