Patna High Court

Binod MahtoversusThe State of Bihar

Decided: 24 April 2026
Disposal: DISMISSED
Bench: SATYAVRAT VERMA

Holding

The modification application is dismissed; the anticipatory bail order is not altered.

Summary

The petitioners, Binod Mahto, Ranjan Mahto and Sonu Mahto, filed a criminal miscellaneous application before the Patna High Court seeking modification of an earlier anticipatory bail order that had been granted to them. The State of Bihar opposed the modification, contending that the bail had been obtained by concealing the petitioners' criminal antecedents. The learned judge examined whether a court can alter an anticipatory bail order on the ground of such concealment. He held that the court should not tamper with the bail order merely because of alleged concealment, emphasizing the need for consistency in bail jurisprudence. Consequently, the application for modification was dismissed, leaving the original anticipatory bail order intact.

Issues considered

Whether an anticipatory bail order can be modified on the ground that it was obtained by concealing the applicant's criminal antecedent

Subjects

anticipatory bail
modification of bail
concealment of antecedent
Criminal Procedure Code
bail jurisprudence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.28633 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.79093 of 2025
                       Arising Out of PS. Case No.-266 Year-2025 Thana- BAHERA District- Darbhanga
                  ======================================================
            1.     Binod Mahto S/o- Late Mahaveer Mahto R/o - Jaynatinagar Dath, Ward
                   No.06, P.S - Bahera, District - Darbhanga
            2.    Ranjan Mahto S/o- Late Sikendra Mahto R/o - Jaynatinagar Dath, Ward
                  No.06, P.S - Bahera, District - Darbhanga
            3.     Sonu Mahto S/o- Late Sikendra Mahto R/o - Jaynatinagar Dath, Ward
                   No.06, P.S - Bahera, District - Darbhanga
                                                                       ... ... Petitioner/s
                                                       Versus
                  The State of Bihar
                                                                ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ashok Kumar Alias Ashok Karn
                  For the Opposite Party/s :       Mr. Khurshid Anwar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    24-04-2026                  1. Heard learned counsel for the petitioner and the

                    learned APP for the State.

                                 2. The Court is taking a consistent view of not

                    modifying the order by which anticipatory bail was granted to

                    the petitioner in the event if the same was obtained by

                    concealing the criminal antecedent.

                                 3. The modification application is dismissed.



                                                      (Satyavrat Verma, J)
Rishabh/-

U      T

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