Patna High Court
Sanjay Mahto @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Sanjay Mahto, sought anticipatory bail fearing arrest in a case involving multiple offences under the Bihar Penal Code, including assault, grievous hurt, and outraging modesty. The prosecution alleged that the petitioner, as part of a conspiracy, assaulted the victim, causing serious injuries and outraging the victim's wife's modesty. The petitioner argued that there was a counter‑case and that injuries were inflicted on both sides. The State opposed bail, highlighting the seriousness of the injuries, which the Sessions Judge had classified as grievous, and the petitioner’s prior criminal record. The High Court, considering the seriousness of the allegations and the petitioner’s antecedents, declined to grant anticipatory bail. The application for anticipatory bail was therefore rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences and his criminal antecedent
Legislation cited
- Bihar Penal Code — s. 109, 115(2), 117(2), 118(1), 126(2), 191(2), 303(2), 351(2), 352, 74
Subjects
- anticipatory bail
- criminal antecedent
- grievous hurt
- outraging modesty
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29551 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- DEEPNAGAR District- Nalanda
======================================================
Sanjay Mahto @ Sanjay Kumar S/O Birju Mahto R/o Vill.- Mahanandpur, P.S
- Deepnagar, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Deepnagar P.S. Case No. 25 of 2026 for the
offence under sections 191(2), 126(2), 115(2), 118(1), 117(2),
303(2), 109, 74, 352 and 351(2) of the BNS.
3. As per the prosecution story, the informant alleged
that under conspiracy, after abuse, the petitioner struck on his
head multiple times causing injury. When the family members
came to rescue, the modesty of the wife was also outraged. This
led to the FIR.
4. Learned counsel for the petitioner submits that
there is case and counter-case, injury has been inflicted on both
the sides.
5. Learned APP opposes the prayer submitting that a
Patna High Court CR. MISC. No.29551 of 2026(2) dt.06-05-2026
2/2
perusal of the learned Sessions Judge order would show that the
injury has been found to be grievous in nature.
6. Taking into account the submissions of the parties
as also that the petitioner has criminal antecedent, in that
background, this Court is not inclined to extend him the
privilege of anticipatory bail to the petitioner.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Adnan/-
U T
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