Patna High Court
Vikash MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioners, a group of Mahato family members from Rampurwa, sought anticipatory bail fearing arrest in connection with FIR No. 423 of 2022, which alleged offences under several IPC sections including assault, robbery, and outraging modesty. The prosecution alleged that the accused, along with unknown persons, attempted to construct a house on the informant's land, assaulted the family with weapons, caused injuries, looted valuables, and attempted to strangle a family member. The petitioners contended that the incident was a mutual clash with injuries being simple, that they have no criminal antecedents, and that the case involves a large number of accused with no specific allegations against them. The learned Additional Public Prosecutor opposed the bail, but the Court noted the simplicity of injuries, lack of prior record, and the presence of thirty‑one accused without specific charges. Relying on Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, the Court granted anticipatory bail subject to strict conditions. The bail order required a bond of Rs.10,000 with two sureties, a family member as a bailor, regular appearance before the trial court, and prohibitions against tampering with evidence or committing further offences. The petition was therefore disposed in favour of the petitioners.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC given the nature of the alleged offences.
- Whether the presence of multiple accused and lack of specific allegations justify the grant of bail.
- Whether conditions under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita can be imposed on the bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 327, 354, 379, 447, 448
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- Indian Penal Code
- assault
- robbery
- outraging modesty
- multiple accused
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44731 of 2026
Arising Out of PS. Case No.-423 Year-2022 Thana- GOVINDGANJ District- East
Champaran
======================================================
1. Vikash Mahto S/o Lalan Mahto @ lalan Mahato R/o Village - Rampurwa,
P.S. - Gobinganj, Dist. - East Champaran.
2. Bharosa Mahato @ Bharosi Mahato @ Bharosa Prasad Prasad @ Bharoshi
Mahato S/o Sarjug Mahato R/o Village - Rampurwa, P.S. - Gobinganj, Dist.
- East Champaran.
3. Akhilesh Mahato @ Akhilesh Kumar S/o Bharoshi Mahato @ Bharosa
Mahato @ Bharosi Mahato @ Bharosa Prasad Prasad R/o Village -
Rampurwa, P.S. - Gobinganj, Dist. - East Champaran.
4. Ajay Mahato S/o Yogi Mahato All are resident of Village- Rampurwa, P.S.-
Gobindganj, District- East Champaran.
5. Manoj Mahato S/o Lalan Mahato @ Lalan Mahto All are resident of Village-
Rampurwa, P.S.- Gobindganj, District- East Champaran.
6. Hira Mahato @ Hiralal Mahato Son of Lalan Mahato @ Lalan Mahto. All
are resident of Village- Rampurwa, P.S.- Gobindganj, District- East
Champaran.
7. Abhishek Kumar @ Abhishek Mahato son of Bidyanand Mahato. Resident
of Village- Rampurwa, P.S.- Gobindganj, District- East Champaran.
8. Anuresh Kumar @ Animesh Mahato son of Bharosi Mahato @ Bharosa
Mahato @ Bharoshi Mahato @ Bharosa Prasad Prasad. resident of Village-
Rampurwa, P.S.- Gobindganj, District- East Champaran.
9. Krishna Mahato @ Krishna Kumar son of Late Bidyanand Mahato Resident
of Village- Rampurwa, P.S.- Gobindganj, District- East Champaran.
10. Shanichari Devi Wife of Lalan Mahato @ Lalan Mahto Resident of Village-
Rampurwa, P.S.- Gobindganj, District- East Champaran.
11. Pramila Devi Wife of Manoj Mahato Resident of Village- Rampurwa, P.S.-
Gobindganj, District- East Champaran.
12. Asha Devi Wife of Vikash Mahato Resident of Village- Rampurwa, P.S.-
Gobindganj, District- East Champaran.
13. Bebi Devi Wife of Hiralal Mahato @ Hira Mahato Resident of Village-
Rampurwa, P.S.- Gobindganj, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
Patna High Court CR. MISC. No.44731 of 2026(2) dt.08-07-2026
2/4
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Govindganj P.S. Case No. 423 of 2022, F.I.R
dated 16.08.2022 registered for the offences punishable under
Sections 147, 148, 149, 447, 323, 327, 324, 307, 448, 354, and
379 of the Indian Penal Code.
3. According to prosecution case, the accused persons,
along with 10–15 unknown persons, allegedly attempted to
construct a house on the informant's land. On protest, they
allegedly assaulted the informant and his family members with
iron rods, a knife, and other weapons, causing multiple injuries,
including fractures. The accused are further alleged to have
outraged the modesty of a female family member, snatched gold
ornaments, looted household articles worth about ₹2,50,000,
and attempted to strangulate Rajkumar Mahato before local
people intervened and rescued him.
4. Learned counsel for the petitioners submits that the
incident which is said to have taken place on 15.08.2022, there
is a case and a counter-case have been instituted, in the said
incident persons from both sides sustained injuries, while the
Patna High Court CR. MISC. No.44731 of 2026(2) dt.08-07-2026
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injuries sustained by the informant and his family member, is
found to be simple in nature though caused by hard and blunt
substances. It is the case of the petitioners that two members of
the family of petitioner No. 1 also sustained injuries in the
alleged occurrence. It is further submitted that the petitioners
have no criminal antecedents.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and taking into account that the nature of the injuries sustained
is simple in nature, the petitioners have no criminal antecedent
and altogether thirty-one persons have been made with accused
with no specific allegation. Accordingly, this Court is inclined to
grant the privilege of anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
their 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 Chief Judicial Magistrate, East Champaran, Motihari
in connection with Govindganj P.S. Case No. 423 of 2022,
subject to the conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.44731 of 2026(2) dt.08-07-2026
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the Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should
be the family member/relative/known
of the petitioner(s) who shall provide
official document/personal affidavit to
show his/her bona fide;
(ii) the petitioner(s) shall
appear on each and every date before
the Trial Court and failure to do so for
two consecutive dates without
plausible reason will entail
cancellation of his/her/their bail bond
by the Trial Court itself;
(iii) the petitioner(s) shall in
no way try to induce or promise or
threat the witnesses or tamper with the
evidences, failing which the State
shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall
desist from committing any criminal
offence again, failing which the State
shall be at liberty to take steps for
cancellation of their bail bonds.
(Ajit Kumar, J)
rajan/-
U T
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