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Patna High Court

Ram Ishwar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) of the CrPC.

Summary

The petitioner, Ram Ishwar Mahto, applied for anticipatory bail in connection with a FIR alleging offences under several sections of the Bhartiya Nyay Sanhita, 2023, arising from a land measurement dispute where he was accused of ordering the killing of an informant and his wife. The prosecution alleged that the petitioner participated in assaulting the informant and his spouse, while the petitioner claimed he had a clean antecedent and was falsely implicated, asserting that the FIR lacked specific allegations against him. The Additional Public Prosecutor opposed the bail, but the court noted the petitioner’s clean record, the existence of a case and counter‑case, and that a co‑accused had already been granted anticipatory bail. Considering these factors, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions under Section 438(2) of the CrPC. The order also directed verification of the petitioner’s criminal antecedent and stipulated cancellation of bail for non‑compliance with conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC
  • Whether the petitioner’s alleged involvement in the offences warrants denial of bail
  • Whether the existence of a case and counter‑case and the grant of bail to a co‑accused influence the decision

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • clean antecedent
  • case and counter case
  • land measurement dispute
  • Bhartiya Nyay Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4316 of 2026
                     Arising Out of PS. Case No.-591 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Ram Ishwar Mahto S/o Late Heera Mahto R/o Village- Dew Bahuara, P.s.-
                 Marhaura, Distt.- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-02-2026                  Heard Mr. Jitendra Kumar, learned counsel for the

                   petitioner, Mr. Surendra Prasad Singh, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner in this application prays for grant of

                   anticipatory bail apprehending his arrest in connection with

                   Madhaurah P.S.Case no. 591 of 2025 registered for the offence

                   punishable under sections 126(2), 115(2), 109, 303(2), 352,

                   351(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023.

                                3. According to prosecution case, during the course of

                   land measurement, all the accused persons including this

                   petitioner have abused and assaulted the informant and his wife

                   and the petitioner ordered to co-accused Manoj Mahto to kill the

                   informant and his wife.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.4316 of 2026(2) dt.06-02-2026
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          petitioner has clean antecedent and he has falsely been

          mplicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R. He further submits that from

          perusal of the FIR there is no specific allegation of assault or

          overt act attributed to the petitioner. He is only order giver to the

          co-accused Manoj Mahto. He further submits that the co-

          accused Manoj Mahto has already been granted anticipatory bail

          by a coordinate Bench of this Court vide order dated 28.01.2026

          passed in Cr. Misc. No. 3801 of 2026. There is case and counter

          case between the parties.

                       5.   Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and that the petitioner has clean antecedent, there is case and

          counter case between the parties as well as co-accused has

          already been granted anticipatory bail, let the petitioner, above

          named, in the event of arrest or surrender before the court below

          within a period of thirty days from the date of receipt of the

          order, 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 CJM, Saran at Chapra, in connection
            Patna High Court CR. MISC. No.4316 of 2026(2) dt.06-02-2026
                                                        3/3




                      with Madhaurah P.S. Case No. 591 of 2025, subject to the

                      conditions as laid down under Section 438(2) of the Code of

                      Criminal Procedure and with other following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                             (Rajesh Kumar Verma, J)
khushbu/-

U      T


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