Patna High Court
Sanjay Mahto @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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The court granted anticipatory bail to Ankit Mahto and dismissed the anticipatory bail petition of Sanjay Mahto as withdrawn.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bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S., and dismissed Sanjay's petition as withdrawn.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- Whether the petition for anticipatory bail filed by Sanjay Mahto can be withdrawn.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
- Bihar Negotiable Statutes (B.N.S.) — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
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
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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
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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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