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Patna High Court

Chunnilal MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted because the petitioner had clean antecedents and the accusations against him were general with no specific overt act alleged.

Summary

The petitioner, Chunnilal Mahto, sought anticipatory bail fearing arrest in a case involving multiple IPC offences arising from a land dispute. The prosecution alleged that the petitioner, along with co‑accused, abused, assaulted and threatened the informant, but the FIR specifically attributes assault only to other accused. The petitioner contended he had no involvement in any overt act of assault and possessed a clean criminal record. The State opposed the bail, arguing the seriousness of the charges. The Court, considering the general nature of the accusations, the absence of specific allegations against the petitioner, and his clean antecedents, granted anticipatory bail. The order directed that if arrested within eight weeks, the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the allegations in the FIR constitute a sufficient basis to deny bail.
  • Whether Section 482(2) of the Criminal Procedure Code applies to the bail order.

Legislation cited

Subjects

  • anticipatory bail
  • clean antecedents
  • land dispute
  • Indian Penal Code
  • Section 482 CrPC
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43172 of 2026

                     Arising Out of PS. Case No.-40 Year-2019 Thana- ALINAGAR District- Darbhanga
                 ======================================================
                 Chunnilal Mahto S/o Late Damodar Mahto Resident of Village- Dhamuwara,
                 P.S.- Alinagar, District- Darbhanga

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ajay Kumar, Advocate
                 For the State           :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-07-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 341, 323,

                   307, 353, 385, 337, 338, 504, 506 and 34 of the Indian Penal

                   Code.

                                3. As per prosecution case, it is alleged that on

                   account of land dispute, all the F.I.R. named accused persons,

                   including this petitioner, abused, assaulted and threatened the

                   informant.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.43172 of 2026(2) dt.02-07-2026
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          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. From bare perusal of the F.I.R. it is

          apparent that specific accusation of assault is against other co-

          accused persons. So far as this petitioner is concerned, he is

          only alleged to have abused and threatened the informant and

          there is absolutely no allegation of overt act against him.

          Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and clean

          antecedents of the petitioner, the prayer for grant of anticipatory

          bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned S.D.J.M., Benipur, District-

          Darbhanga in connection with Alinagar P.S. Case No. 40 of

          2019, subject to condition as laid down under Section 482(2) of
             Patna High Court CR. MISC. No.43172 of 2026(2) dt.02-07-2026
                                                         3/3




                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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