Santosh Mahto @ Santosh Kr. MahtoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34308 of 2026
                  Arising Out of PS. Case No.-159 Year-2026 Thana- KATIHAR NAGAR District- Katihar
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                 Santosh Mahto @ Santosh Kr. Mahto S/o Chandrika Mahto Resident of
                 Mohalla- Mofarganj, F.C.I. Chowk, P.S.- Nagar, District - Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Suresh Prasad Sah, Adv
                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   18-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State and learned counsel

                   for the informant.

                               2. The Petitioner is apprehending his arrest in

                   connection with Katihar Town P.S. Case No. 159 of 2026

                   registered for the offences punishable under Sections 126(2),

                   115(2), 352, 74, 316(2), 318(4), 3(5) of the BNS.

                                3. As per the prosecution case, Rs. 6,10,000/- in total

                   was taken from the husband of the petitioner for the purposes of

                   executing sale deed but neither the sale deed was executed nor

                   the money was returned. It has further been alleged that on

                   06.02.2026, at 12:00 P.M., petitioner and three other unknown

                   associates came to her house and abused in filthy languages and

                   also pushed the informant.
Patna High Court CR. MISC. No.34308 of 2026(2) dt.18-05-2026
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                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has been further submitted that the narrations in

          FIR, clearly goes to show that this is a case of civil dispute and

          if the informant or her husband was aggrieved by non execution

          of sale deed after taking money, a suit for specific performance

          of contract would have been brought on record to the competent

          court of civil jurisdiction. It has further been submitted that

          petitioner has also sent legal notice to the informant for payment

          of balance money and execution of sale deed. It has further been

          submitted that petitioner has filed a sanha to this effect. It has

          lastly been submitted that the petitioner has got no criminal

          antecedent.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant has vehemently opposed the prayer for

          anticipatory bail of the petitioner and has submitted that

          petitioner from the very inception had intention to defraud the

          informant.

                       6. Considering the aforesaid facts and circumstances

          of the case as well as the nature of allegation against the

          petitioner, let the above named petitioner, in the event of his

          arrest/surrender within a period of six weeks from today, be
              Patna High Court CR. MISC. No.34308 of 2026(2) dt.18-05-2026
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                        enlarged on anticipatory bail on furnishing bail-bond of Rs.

                        10,000/- (Rupees ten thousand) with two sureties of the like

                        amount each to the satisfaction of the learned court concerned in

                        connection with Katihar Town P.S. Case No. 159 of 2026,

                        subject to the conditions as laid down under Section 482(2) of

                        the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)

                                     7. This application stands allowed.




                                                   (Praveen Kumar, J)
niku/sahil-

U       T