Patna High Court
Manoj Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners, nine relatives involved in a land dispute, sought anticipatory bail after a FIR was lodged alleging that fifteen persons, including them, came armed to an informant's house and that co‑accused Santosh Mahto assaulted the informant. The petitioners contended that the FIR contains only general and omnibus allegations against them, with the specific assault charge directed solely at Santosh Mahto. The State opposed the bail on the basis of the FIR allegations. The Court examined the nature of the allegations, the relationship between the parties, and the fact that the alleged injuries were simple. Considering these factors, the Court granted anticipatory bail to the petitioners, subject to a bail bond of Rs 10,000 with two sureties each and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the general and omnibus allegations in the FIR.
- Whether the specific allegation of assault against co‑accused Santosh Mahto extends to the petitioners.
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNSS in granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 324(4), 351(2)(3), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- general allegations
- omnibus allegations
- land dispute
- BNSS
- criminal procedure
- Section 438
- Section 482
- FIR
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3104 of 2026
Arising Out of PS. Case No.-29 Year-2025 Thana- ARRABARI District- Kishanganj
======================================================
1. Manoj Kumar Mahto S/o Jagdish Mahto Resident of - Dhobinia, Ward No.
11, P.S - Arrabari, District - Kishanganj
2. Ram Chandra Mahto S/o Azadi Lal Mahto Resident of - Dhobinia, Ward No.
11, P.S - Arrabari, District - Kishanganj
3. Anuj Kumar Mahto S/o Ram Chandra Mahto Resident of - Dhobinia, Ward
No. 11, P.S - Arrabari, District - Kishanganj
4. Raj Kumari Devi W/o Amod Kumar Mahto Resident of - Dhobinia, Ward
No. 11, P.S - Arrabari, District - Kishanganj
5. Rinku Devi @ Rinki Kumari Devi W/o Ravindra Mahto @ Ravindra Kumar
Mahto Resident of - Dhobinia, Ward No. 11, P.S - Arrabari, District -
Kishanganj
6. Raj Kumari Devi W/o Ram Chandra Mahto D/o Rameshwar Verma,
Resident of - Dhobinia, Ward No. 11, P.S - Arrabari, District - Kishanganj
7. Leelawati Devi W/o Vinod Mahto @ Vinod Kumar Mahto Resident of -
Dhobinia, Ward No. 11, P.S - Arrabari, District - Kishanganj
8. Nilam Devi @ Leelam Devi W/o Manoj Kumar Mahto Resident of -
Dhobinia, Ward No. 11, P.S - Arrabari, District - Kishanganj
9. Devratiya Devi W/o Jagdish Mahto Resident of - Dhobinia, Ward No. 11,
P.S - Arrabari, District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Anand, Advocate
: Mr. Dhananjaya Nath Tiwari, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard Mr. Vijay Anand learned counsel for the
petitioners and Mr. Mohammad Sufyan, learned A.P.P. for the
State.
2. The petitioners apprehend their arrest in a case
Patna High Court CR. MISC. No.3104 of 2026(2) dt.28-01-2026
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registered for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 109, 303(2), 324(4), 352, 351(2)(3) of the
B.N.S..
3. The allegation in the First Information Report is
that the accused persons being fifteen in number came variously
armed to the house of the informant and co-accused, Santosh
Mahto indulged in assaulting the informant causing injuries to
her.
4. The learned counsel for the petitioners submits that
it would be evident from the First Information Report itself that
so far as the petitioners are concerned, there are general and
omnibus allegations of coming variously armed, however the
specific allegation of assault remains confined to co-accused,
Santosh Mahto. Moreover, the parties to the proceedings are
relatives having land dispute as a matter of fact, title suit is also
pending between them. There is also existence of case and
counter case and the injuries suffered are also simple in nature.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering general and omnibus allegations
Patna High Court CR. MISC. No.3104 of 2026(2) dt.28-01-2026
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attributed to the petitioners coupled with the fact that the
allegation is upon co-accused Santosh Mahto, let the above
named petitioners, be released on bail, in the event of their
arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees 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
Arrabari P.S. Case No. 29 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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