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Patna High Court

Sanjay Mahto @ Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to Ankit Mahto and dismissed the anticipatory bail petition of Sanjay Mahto as withdrawn.

Summary

The petitioners, Sanjay Mahto and Ankit Mahto, were implicated in a case alleging assault and robbery over a dispute concerning urea. Sanjay sought anticipatory bail but later withdrew his application, which the court permitted. Ankit applied for anticipatory bail for offences under sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the B.N.S., claiming a clean record and that the allegations were false. The State opposed the bail. After considering the submissions, the court granted anticipatory bail to Ankit, directing him to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S., and dismissed Sanjay's petition as withdrawn.

Issues considered

  • Whether anticipatory bail should be granted to Ankit Mahto for the alleged offences.
  • Whether the petition for anticipatory bail filed by Sanjay Mahto can be withdrawn.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • criminal procedure
  • Section 482
  • bail bond
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40588 of 2026
                      Arising Out of PS. Case No.-360 Year-2025 Thana- ROSERA District- Samastipur
                 ======================================================
           1.     Sanjay Mahto @ Sanjay Kumar S/O Raja Ram Mahto R/O Vill.- Bhirha,
                  Ward no. 10, P.S.- Rosera, Dist.- Samastipur.
           2.    Ankit Mahto @ Ankit Kumar S/O Raja Ram Mahto R/O Vill.- Bhirha, Ward
                 no. 10, P.S.- Rosera, Dist.- Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sadanand Roy
                 For the Opposite Party/s :        Mr.Satyendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-07-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The learned counsel for the petitioners, after some

                   argument, seeks permission to withdraw the present anticipatory

                   bail application with respect to petitioner no.1, namely, Sanjay

                   Mahto @ Sanjay Kumar.

                                3. Permission is accorded.

                                4. Accordingly, instant petition is dismissed as

                   withdrawn with respect to petitioner no.1, namely, Sanjay

                   Mahto @ Sanjay Kumar.

                                5. The petitioner no.2 seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under
Patna High Court CR. MISC. No.40588 of 2026(2) dt.06-07-2026
                                            2/3




          Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of

          the B.N.S.

                       6. The learned counsel for the petitioner submits that

          the petitioner is a person with clean antecedent and the

          informant alleges that on 22.10.2025 at 5.00 PM, four named

          accused persons including the petitioner came to his house and

          demanded urea from his brother, on which his brother disclosed

          that urea is not available, thereafter Sanjay assaulted his brother

          Nakul by an iron rod causing injury on head, on account of

          which he fell, thereafter Ranjit assaulted by lathi and Ankit

          assaulted informant by an iron rod causing injury on head and

          took Rs.40,000/- from his shop.

                       7. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant on account of dispute relating to urea. It is next

          submitted that though it is alleged that petitioner assaulted

          informant by an iron rod causing injury on head, but then the

          blow is not repeated and the injury has been opined to be simple

          in nature and petitioner is not a criminal.

                       8. Learned A.P.P. opposes the anticipatory bail

          application.

                       9. Considering the submissions made by the learned
               Patna High Court CR. MISC. No.40588 of 2026(2) dt.06-07-2026
                                                           3/3




                         counsel for the petitioner, the petitioner no.2, above-named, in

                         the event of his arrest or surrender before the learned Court

                         below within a period of six weeks, is directed to be released on

                         bail on his furnishing bail-bonds in the sum of Rs. 10,000/-

                         (Rupees Ten Thousand) with two sureties of the like amount

                         each to the satisfaction of the learned Trial Court where the case

                         is pending/successor Court in connection with Rosera P. S. Case

                         No.360 of 2025, subject to the conditions laid down under

                         Section 482(2) of the B.N.S.S.

                                      10.        The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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