Patna High Court
Ganesh Mahton @ Ganesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions imposed.
Summary
The petitioners, five members of the Mahto family, sought anticipatory bail fearing arrest in a case registered under numerous sections of the Bhartiya Nyaya Sanhita for alleged assault with deadly weapons and snatching jewellery, arising from a land dispute. They contended that the FIR, which names 23 accused, does not specifically allege any overt act by them and that the real dispute pertains to Title Suit No. 599 of 2024. The State opposed the bail application. The Court examined whether the petitioners could be granted anticipatory bail despite the serious charges. Finding no specific allegation against them and considering the land‑dispute context, the Court allowed anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, and limited the bail to arrests within eight weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the circumstances of the FIR.
- Whether the FIR specifically implicates the petitioners in the alleged offences.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita is applicable for granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 189(2), 190, 191(2), 191(3), 303(2), 308(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- criminal procedure
- land dispute
- assault
- Bhartiya Nyaya Sanhita
- Section 482
- bail bond
- FIR
- multiple accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38838 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- Patarghat District- Saharsa
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1. Ganesh Mahton @ Ganesh Mahto Son of Late Jagdish Mahto Resident of
Village- Patarghat, P.S.- Ward No. 8, P.S.- Patarghat, District- Saharsa.
2. Naresh Mahto Son of Late Jagdish Mahto Resident of Village- Patarghat,
P.S.- Ward No. 8, P.S.- Patarghat, District- Saharsa.
3. Umesh Mahton @ Umesh Mahto S/o Jagdish Mahto Resident of Village-
Patarghat, P.S.- Ward No. 8, P.S.- Patarghat, District- Saharsa.
4. Suresh Prasad Mahto @ Suresh Mahto Son of Late Jagdish Mahto Resident
of Village- Patarghat, P.S.- Ward No. 8, P.S.- Patarghat, District- Saharsa.
5. Akhilesh Mahto @ Kamlesh Mahto Sonof Late Jagdish Mahto Resident of
Village- Patarghat, P.S.- Ward No. 8, P.S.- Patarghat, District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in a case registered
for the offence under Sections 126(2), 115(2), 118(1), 117(2),
109, 76, 303(2), 308(2), 352, 351(2), 3(5), 189(2), 191(2),
191(3), 190 of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., allegation against petitioners is of
causing assault to the informant and her family members by
means of deadly weapons besides the allegation of snatching
Patna High Court CR. MISC. No.38838 of 2026(2) dt.25-06-2026
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jewellery.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. F.I.R.
has been lodged against 23 named accused persons including
these petitioners however, there is no allegation of any specific
overt act against them. Specific allegation is against other
accused persons. The reason behind the said occurrence is
nothing but a land dispute bearing Title Suit No. 599 of 2024
and for the same occurrence, petitioners’ side also instituted
Patarghat P. S. Case No. 67 of 2025, which is earlier in point of
time.
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
in the event of arrest/surrender within a period of eight weeks
from today, let the above named petitioners be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Saharsa in connection with
Patarghat P.S. Case No. 68 of 2025, subject to condition as laid
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down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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