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Patna High Court

Vinod Kumar Mahto @ Pramod Kumar MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted as the case was not fit for such relief.

Summary

The petitioners, four members of the Mahto family, applied for anticipatory bail fearing arrest in a land‑dispute case (Arrabari P.S. Case No. 29 of 2025) filed under several sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that they forcibly attempted to capture the informant's land, causing injuries to the informant's husband and wife. The petitioners contended they had not assaulted anyone, though two of them had prior criminal antecedents. The State opposed the anticipatory bail, arguing the seriousness of the allegations. The High Court, after considering the allegations and the petitioners' criminal records, held that the case was not suitable for anticipatory bail and dismissed the application, directing the petitioners to surrender within two weeks to seek regular bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita.
  • Whether the presence of prior criminal antecedents precludes anticipatory bail.
  • Whether the alleged offences involving land‑dispute and assault warrant denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • land dispute
  • assault
  • Bharatiya Nyaya Sanhita
  • high court
  • bail surrender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5126 of 2026
                     Arising Out of PS. Case No.-29 Year-2025 Thana- ARRABARI District- Kishanganj
                 ======================================================
           1.     Vinod Kumar Mahto @ Pramod Kumar Mahto S/o Jagdish Mahto Resident
                  of Dhobinia, Raipur, Ward No. 11, P.S.- Arrabari, District- Kishanganj.
           2.    Jagdish Mahto S/o Brahamdatt Mahto Resident of Dhobinia, Raipur, Ward
                 No. 11, P.S.- Arrabari, District- Kishanganj.
           3.    Ravindra Kumar Mahto @ Ravindra Mahto S/o Ajadi Lal Mahto Resident of
                 Dhobinia, Raipur, Ward No. 11, P.S.- Arrabari, District- Kishanganj.
           4.    Ajadi Lal Mahto S/o Brahamdatt Mahto Resident of Dhobinia, Raipur, Ward
                 No. 11, P.S.- Arrabari, District- Kishanganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhananjaya Nath Tiwari, Advocate
                 For the Opposite Party/s :       Mr.Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   24-02-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend arrest in connection

                   with Arrabari P.S. Case No. 29 of 2025 instituted under

                   Sections 191(2), 190, 126(2), 115(2), 109, 303(2), 324(4), 352,

                   351(2)(3) of the Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, petitioners are alleged

                   of trying forcibly to capture land of the informant causing

                   injury to both husband and wife.

                                4. Learned counsel for the petitioners submits that
              Patna High Court CR. MISC. No.5126 of 2026(3) dt.24-02-2026
                                                          2/2




                        the petitioners have not assaulted anyone. Petitioner nos. 1 and

                        4 have one criminal antecedent and petitioner nos. 2 and 3 have

                        two criminal antecedents.

                                     5. Learned APP for the State has opposed the prayer

                        for anticipatory bail of the petitioners.

                                     6. Considering the allegations levelled against the

                        petitioners, this is not a fit case for grant of anticipatory bail.

                                     7. Accordingly, the application stands dismissed.

                                     8. The petitioners are directed to surrender within two

                        weeks from today and pray for regular bail, failing which the

                        Superintendent of Police, Kishanganj will take all steps for

                        arrest of the petitioner.

                                     9. Let a copy of this order be communicated to the

                        Superintendent of Police, Kishanganj through FAX or e-mail for

                        its compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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