Patna High Court

Vijay MahtoversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted anticipatory bail to the petitioner, subject to bond, sureties, and a maintenance condition.

Summary

The petitioner, Vijay Mahto, sought anticipatory bail after being implicated in a Siwan complaint case involving offences under Sections 147, 148, 341, 323, 307, 498(A) and 511 IPC. He claimed innocence and alleged false implication, while the State opposed the bail. Relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, the High Court allowed the anticipatory bail application. The bail was granted on furnishing a Rs.10,000 bond with two sureties, subject to Section 438(2) CrPC and Section 482 of the BNSS. Additionally, the court directed the petitioner to pay a maintenance amount of Rs.6,000 per month to the informant, pending any further maintenance order from the lower court.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the serious IPC charges.
Whether the court may impose conditions, including a maintenance payment, as part of the anticipatory bail order.

Legislation cited

Bihar Negotiable Securities Act — s. 482
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 438 CrPC
maintenance order
IPC offences
Arnesh Kumar principle
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39927 of 2025
                 Arising Out of PS. Case No.-1876 Year-2023 Thana- SIWAN COMPLAINT CASE District-
                                                         Siwan
                 ======================================================
                 Vijay Mahto Son of Late Ram Balak Mahato village-Kherwa , P.S-Basantpur,
                 Dist -Siwan

                                                                                ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Shakuntala Devi Daughter of Gorakh Mahto Village-Kherwa , Ps-
                 Basanatpur , District-Siwan Present Address -(Paternal) Village-Risaura, PS-
                 Maharajganj , District-Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashok Kumar, Advocate
                 For the Opposite Party/s :      Mr.Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2.    The     petitioner   apprehends        his     arrest     in

                   connection with Siwan Complaint Case No. 1876 of 2023 for

                   the offences under Sections 147, 148, 341, 323, 307, 498(A) and

                   511 of the I.P.C.

                                3.     As per the prosecution case, the petitioner is

                   accused of assaulting and torturing the victim for demand of a

                   motorcycle.

                                4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and he has falsely been

                   implicated in this case.
Patna High Court CR. MISC. No.39927 of 2025(6) dt.17-02-2026
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                       5. Learned counsel for the State has opposed the

          application of the petitioner.

                        6 . Considering the submission of the parties and in

          view of the law laid down by the Hon’ble Supreme Court in the

          case of Arnesh Kumar Vs. State of Bihar reported in (2014)

          8 SCC 273 ,         this    application      of      grant   of   anticipatory

          bail is allowed.

                       7. Let the petitioner, above named, in the event of his

          arrest or surrender before the concerned Court below within six

          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 court of Chief

          Judicial Magistrate, Siwan /concerned Court below in

          connection with Siwan Complaint Case No. 1876 of 2023,

          subject to the conditions laid down in Section 438(2) of the

          Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                       8. As a condition of this order, the petitioner is

          directed to pay a maintenance amount of Rs. 6,000/- from the

          month of February, 2026 to the informant and the maintenance

          for the month of February, 2026 shall be paid to the informant

          before 25.02.2026 and thereafter the maintenance amount from

          the month of March, 2026 shall be paid to the informant every
              Patna High Court CR. MISC. No.39927 of 2025(6) dt.17-02-2026
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                        month before the 10th day of the month.

                                      9. It is made clear that the aforesaid maintenance

                        order will be subject to the outcome of any order of concerned

                        Court below passed in maintenance proceedings, if any.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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