Patna High Court
Satyendra MahtoversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail is allowed for petitioner 2, granting bail on the stipulated conditions, while the application of petitioner 1 is dismissed as withdrawn.
Summary
The petitioners, Satyendra Mahto and Nitesh Mahto, sought relief from imminent arrest in a case (Rivelganj P.S. Case No. 44 of 2025) involving alleged murder under Sections 80(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. The counsel for petitioner 1 withdrew the application, and the court dismissed it as withdrawn, directing him to surrender within four weeks and apply for regular bail. For petitioner 2, who is the deceased’s brother‑in‑law and faces a general allegation, the court allowed the application and granted anticipatory bail subject to a bond of Rs 10,000 with two sureties. Bail was conditioned on compliance with Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The order directs surrender within four weeks and sets the bail terms.
Issues considered
- Whether anticipatory bail can be granted to petitioner 2 despite a general allegation under the BNSS.
- Whether the conditions of Section 438(2) CrPC and Section 482 BNSS are satisfied for bail.
- Effect of withdrawal of the application by petitioner 1.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 482, 80(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- bail bond
- sureties
- Section 438 CrPC
- Section 482 BNSS
- withdrawal of application
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37782 of 2025
Arising Out of PS. Case No.-44 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
1. Satyendra Mahto S/O Vigan Mahto R/O Village- Sheikhpura, P.S- Rivelganj,
Distt.- Saran at Chapra.
2. Nitesh Mahto @ Nitish Kumar S/O Satyendra Mahto R/O Village-
Sheikhpura, P.S- Rivelganj, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 17-02-2026 Heard the parties.
2. The petitioners apprehend their arrest in
connection with Revilganj P.S. Case No. 44 of 2025 registered
for the offence under Sections 80(2) and 3(5) of the BNS, 2023.
3. As per the prosecution case, the petitioners and
other accused are alleged to have killed the deceased.
4. Learned counsel for the petitioners, at the very
outset, prays for and is permitted to withdraw this application
filed on behalf of petitioner no. 1.
5. Accordingly, this application is dismissed as
withdrawn with regard to petitioner no. 1. He is directed to
surrender within four weeks from today and pray for regular
Patna High Court CR. MISC. No.37782 of 2025(5) dt.17-02-2026
2/2
bail.
6. So far as petitioner no. 2 is concerned, he is the
brother-in-law (Devar) of the deceased and there is general and
omnibus allegation against him.
7. Considering the aforesaid facts, this application
is allowed with regard to petitioner no. 2.
8. Let the petitioner no. 2, above named, in the
event of his arrest or surrender before the concerned Court
below within four weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, 1st Class, Saran at Chhapra/concerned Court
below in connection with Revilganj P.S. Case No. 44 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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